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HomeMy WebLinkAbout2005-29 Amending the Vail Town COde, Title 11 Sign Regulations; Title 12 Zoning Regulations; Title 13 Subdivision Regulations; Title 14 Development Standards Handbook for Proposed Corrections and Clarifications to the Vail Town Code e . ORDINANCE N0.29 SERIES OF 2005 AN ORDINANCE AMENDING i ~ VAIL TOWN CODE, i t i 1.E 11, SIGN REGULATIONS; TITLE 12, ZONING REGULATIONS; i i ~ i.,E 13, SUBDIVISION REGULATIONS; i i t LE 14, DEVELOPMENT STANDARDS HANDBOOK, VAIL TOWN CODE, FOR PROPOSED CORRECTIONS AND CLARIFICATIONS TO i tt~, VAIL TOWN CODE, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Planning and Environmental Commission of the Town of Vail has held public hearings on the proposed amendments in accordance with the provisions of the Vail Town Code of the Town of Vail; and WHEREAS, the Planning and Environmental Commission of the Town of Vail has recommended approval of these amendments at its October 24, 2005 meeting, and has submitted its recommendation to the Vail Town Council; and WHEREAS, the Planning and Environmental Commission finds that the proposed amendments • are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and are compatible with the development objectives of the Town; and WHEREAS, the Planning and Environmental Commission finds that the proposed amendments further the general and specific purposes of the Sign, Zoning and Subdivision Regulations and the Development Review Handbook; and WHEREAS, the Planning and Environmental Commission fmds that the proposed amendments promote the health, safety, morals, and general welfaze of the Town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality; and WHEREAS, the Vail Town Council considers it in the interest of the public health, safety, and ~ welfare to adopt these amendments to the Town Code. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: • t b • Section 1. The purpose of this housekeeping ordinance is to clarify text, correct spelling and grammatical errors as well as correct errors in codification in the Vail Town Code. (Text that is to be deleted is Text that is to be added is bold. Text that has not been amended may have been omitted.) Section 2. Chapter 11-1 is hereby amended as follows: 11-1-1: DESCRIPTION.• This Ttitle may be cited as the SIGNREGULATIONSfor the Toown, and shall be incorporated as Ttitle 11 of this Ceode. I1-1-2: PURPOSE: A. General Purpose: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the Ttown of Vail and to promote the coordinated and harmonious design and placement of signs in the Ttown in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of the highest quality. • B. Specific Purpose: These regulations are intended to achieve the following specific purposes: 1. To describe and enable the fair and consistent enforcement of signs in the Ttown of Vail. 11-1-3: APPLICABILITY.• Except as provided elsewhere in this Ttitle, the design, placement, and use of any signs shall be in compliance with all of the regulations specified in this Ttitle. All signs in the Ttown of Vail are subject to the design guidelines and standards (Section 11-5-1 of this Ttitle) and review by the Ds~esign Review Bboard Section 3. Section 11-2-1 is hereby amended as follows: 11-2-1 DEFINITIONS ENIIMERATED.• AGGRIEVED PERSON.• ~9~r~e~sen ~s ix ~~rHseeEi.;r. '~--3=3~3~i~ eecle- Any person who will suffer an adverse effect to an interest protected or furthered by this title. The alleged adverse interest may be shared in common with other members of the community at large, but shall exceed in degree the general interest in community good shared by all persons. BALLOON: A flexible bag designed to be inflated with hot air or with a gas, such as helium, that is lighter than the surrounding air, causing it to rise and • float in the atmosphere. 2 6 I ' • BUSINESS, VACATED: A commercial entity that has been closed and vacated for more than ninety (90) days without intent to reopen. DISPLAY BDARD: (Also %nown As A MENU BOA: A freestanding or wall sign enclosed in glass for the express purpose of displaying menus, real estate listings, entertainment options, or items related to the advertised business; allowed at eating and drinking establishments, real estate businesses and movie theaters only. FRONTAGE, BUILDING: The horizontal, lineal dimension of any side of a building that has a usable public entrance upon a major vehicular or pedestrian way or other major circulation area. Where more than one use occupies a building, each use having a public entrance for its exclusive utilization shall be considered to have its own linear-ba.;,,'L~'L;,J'.~frontage. . rr. _ s.; ~ ~ rst ~ • 3the~--c~~ ~ ;rake-~rllEs.; ~.~~e~+~li~e £'iulr'~s'rl.:° b`~814-~-)?eEfj;; ~9't~4fHl lltii~ ~~ii ~~9:' ~1"E~. ~ 5 ..:,;?etpio'S a ~3lfT~i~iti, :.'~J4-4f9E'-I4E!'.' L~a k~ LTLS7'I,p'11v ~JILJ ~i'Jd"i.: FRONTAGE, LINEAR: The horizontal, lineal dimension of any side of a first story, second story, or other above grade level When more than one use . occupies a building, each use having a public entrance for its exclusive utilization shall be considered to have its own linear frontage. PLAQUE, DEDICATION: A plate, slab, or disk that is ornamented or engraved for mounting, as on a wall or the ground, in order to honor a person or persons, or to denote transfer of the property to the public for public use. RESIDENTIAL NAMEPLATE SIGN.• A sign erected for the sole purpose of ident~ing the inhabitant(s) residing therein, and/or the house name or address, which thaf shall not contain advertising of any kind. SIGN, CONSTRUCTION ~i&~• ~ ~ 1 r'te ~~e~e~~t $ig~a: A sign permitted to identify a project under construction and the associated hazardous conditions as further regulated by Section 11-7-13, Vai! Town Code. SIGN, ENTERTAINMENT: A sign that serves to advertise a visual or audio media format, including but not limited to movies, television shows and audio CDs or records SIGN, GARAGE SALE: (Also referred to as YARD SALE SIGN): A temporary sign that announces a garage sale or similar event: SIGN, HANGING . (Also referred to as • PROJECTING SIG11~ A sign that is attached to a building, extending horizontally beyond the surface of the building to which it is attached 3 B • SIGN, MEMORIAL: A sign that commemorates an event or person(s) and is placed on a memorial site, including a memorial fountain or statue. SIGN, OFFICIAL GOVERNMENT: A sign that is sanctioned by the Town of Vail for public use, including directional signs, to control traffic or for other regulatory purposes SIGN, PRIVATE NO PARKING: A sign on private property that alerts others of non public parking space. SIGN, PROHIBITED: A sign that is not allowed within the Town of Vail, or within a specific zone district of the Town of Vail SIGN, PROJECTING ~F6~• (Also referred to as a HANGING SIGll~ A sign that is attached to a building, extending horizontally beyond the surface of the building to which it is attached. SIGN, PUBLIC INFORMATION: A sign, display board or kiosk that is constructed, erected and maintained by the Town of Yail, or with the permission thereof, in order to inform the public of public amenities, community activities, special events, and personal information. SIGN, SALE: A sign that identifies a discounting of merchandise is taking place within the commercial establishment • SIGN, TEMPORARY SITE DEYELOPMENT.• A sign permitted to identify and describe a project under construction and the associated hazardous conditions, during large scale development periods as determined by the Vail Town Council, as further regulated by Section 11-7-6, Vail Town Code. i~4el~#e-the-~s,~ee~:?a~~ti~,:~~~~~~,.....; ~e:~»er-s~;r,~a ~JT~-~~ ,~3~ ~ L.: s,,.,s ..l .,i P1i, 9i'~4~G1'r E,i :Q9149-~14 C ?pE C..~~7ftT~--~"~~~b'2'6 D~sP3 W I4~ SIGNS, EXEMPT.• A sign that is not subject to the regulations of this Title. SIZE: (See also AREA, SIGN.) The dimension of a sign, determined by the type of sign, as further regulated by Chapter 6, "Business And Building Identification Signs'; of this Title. TABLET: A slab or plaque with a surface that is intended for or bears an inscription. Section 4. Section 11-3-2 shall be amended as follows: I1-3-2: LIABILITY.• The provisions of this Ttitle shall not limit the liability of any person who erects or owns any sign from personal injury or property damage resulting from the placing of a sign, or resulting from the negligence or ~l~rl willful acts of such • person or his/her agents, employees or workers, in the construction, maintenance, repair, or removal of any sign erected in accordance with a permit ~I a f i B • issued under the provisions of this Ttitle. The provisions of this Ttitle shall not impose upon the Toown of Yail, its o, fJicers, employees, or the Ds~esign Rreview Bboard, any responsibility or liability by reason of the approval of any sign. Section 5. Section 11-3-3 shall be enacted as follows: 11-3-3: Prescribed Regulations Amendment: a. Factors, Enumerated: Before acting on an application for an amendment to the regulations prescribed in this Title, the Planning and Environmental Commission and Town Council shall consider the following factors with respect to the requested text amendment: (1) The extent to which the text amendment furthers the general and specific purposes of the Sign Regulations; and (2) The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and (3) The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and (4) The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and • (S) Such other factors and criteria the PEC and/or Town Council deem applicable to the proposed text amendment b. Necessary Findings: Before recommending and/or granting an approval of an application for a text amendment, the Planning and Environmental Commission and the Town Council shall make the following findings with respect to the requested amendment: (1) That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vait Comprehensive Plan and is compatible with the development objectives of the Town; and (2) That the amendment furthers the general and specif is purposes of the Sign Regulations; and (3) That the amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. Section 6. Section 11-5-2 is hereby amended as follows: I1-S-2.• DESIGN GUIDELINES C. Be composed of predominately natural materials which may include, but are not limited to, painted, stained, solid, or carved wood; brick,• stone; wrought iron or metals such as copper or brass that have been treated to prevent reflective glare; n~r~~~eet~~+e non-reflective glass and stained glass; other • naturally textured building materials. s d • Section 7. Section 11-6-1 is hereby amended as follows: I1-6-1: PURPOSE AND DESCRIPTION.• Business and building identification signs are meant to identify and inform through the display of the business and/or building name and any graphic symbols or language pertinent to the advertised enterprise. This Cehapter covers all of the technical information related to business and building identification signs. All business and building identification signs shall comply ~e with the standards outlined in this Cehapter and shall be subject to design review. Section 8. Section 11-6-3 is hereby amended as follows: 11-6-3: BUSINESS SIGNS: B. Sign District 2 (SD 2); Number, Area, Height, And Special Provisions Of Business Signs: 1. Wall and projecting/hanging signs: a. Number: One per linear l~siness frontage of a business on a major pedestrian or vehiculaz way with a maximum of three (3) per business. D. Sign District 2 (SD 2); Measuring Linear Mess Frontage For Business Signs: Figure 3 of this Ssection illustrates how to measure the linear frontage of a business. Note: In order to be considered a frontage, that side of a building or business shall have a major public entrance that opens onto a major vehicular or pedestrian way. • Section 9. Section 11-6-4 is hereby amended as follows: 11-6-4: BUILDING IDENTIFICATION SIGNS: 3.5ign Districts 1 And 2; Types Of Building Identification Signs: c. Joint directory signs: (1) Number: One joint directory sign per building unless the building has more than one building frontage (see chapter 2, "Definitions", of this title) with a combined linear frontage that exceeds one hundred fifty feet (150'), in which case that building shall be entitled to two (2) joint directory signs. No building identification sign, other than a joint directory sign, shall be allowed for the side of a building that houses a joint directory sign. Section 10. Section 11-?-3 is hereby amended as follows: 11-7-3: PUBLIC INFORMATION SIGNS.• A. Description: All public information signs shall ~e .:z~j~~t-es~ e~i ,`ai: .a~: r..~ include any display board or kiosk with the intended use of locating posters, handouts, and cards identifying community activities, special events, and personal information. B. Size, height, number, location, design, lighting and landscaping: Subject to design review • C. Special Provisions: All display boards and kiosks shall be constructed, erected, and maintained by the Town of Yail or with the permission thereof. i 6 b • Section 11. Section 11-7-6 is hereby amended as follows: I1-7-6: TEMPORARY SITE DEVELOPMENT SIGNS.• A. Description: Ape~+g+-:~~' ~fie~rtes i y fie.. ,~;e~ie+~A sign permitted to identify and describe a project under construction and the associated hazardous conditions during large scale development periods as determined by the Town Council. 1. Size: Any site development sign shall not exceed ~j~ta~rey`e~t, :~k-a ~ ~~~-g~e~te~-~k: ~ ~t.:.n-f at ;~9}-Forty-two (42) inches by fifty-three (53) inches in dimension. 2~eig,~r~~'z , ter ~-s#c~-~~ E : ~ s . 23. Number: One sign per building frontage upon a site. 3~. Location: .ii~~-r?~eu~ed-~~~?~~~ys;,~~~,,'•lel-~e-~':.; :,:etexie:...~.~ as~teen: t~ t. a e~f : ~ , ,:•;'~~r; ; s~+'~°'+- Signs shall be mounted on construction fencing. In the absence of construction fencing, atwo-sided sign mounted on a four by four (4x4) inch post may be placed within a Landscaped planter. 2•' r!; 4~. Lighting: Not permitted. S~. Special Provisions: Temporary site development signs shall be removed prior to the issuance of a temporary certificate of occupancy. 6. Content: No content other than listed below shall be included on a Temporary Site Development Sign. A. Temporary Site Development Signs shall include the following information: • (1) Project Name (2) Building Permit Number (3) Contact Information: Only one name, one phone number and one email address shall be permitted (4) Physical address. B. Temporary Site Development Signs may include the following information: (1) Staff approved development slogans. (2) Brief factual description of the project (3) Website address. (4) Artist Rendering. (S) Proposed completion date. Section 12. Section 11-7-13 shall be enacted as follows: 11-7-13: CONSTRUCTIONSIGNS A. Description: A sign permitted to identify and describe a project under construction and the associated hazardous conditions. 1. Size: Any construction sign shall not exceed twenty (20) square feet, with a horizontal dimension no greater than ten (10) feex 2. Height: The top of a sign shall be no higher than eight feet (8) from grade. 3. Number: One sign per site. 4. Location: A wall mounted sign shall be placed parallel to the exterior wall adjacent to the street or major pedestrianway which the building abuts and • shall be subject to design review If no wall exists for sign to be placed, the sign may be mounted on the construction fence. it 0 • S. Lighting: Not permitted 6. ,Special Provisions: Construction signs shall be removed prior to the issuance of a temporary certificate of occupancy. 7. Content: Only the following text shall be included on construction signs with no other content permitted: a. Project name b. Building permit number c. Contact information: Only one (1) name, one (1) phone number and one (1) email address shall be permitted. d. Physical address. Section 13. Section 11-8-2 is hereby amended as follows: 11-8-2: CRITERIA: Sign programs shall be required for all new or demolished/rebuilt multi family residential projects and for new or demolished/rebuilt commercial projects. Sign programs may be required for other significant new developments (e.g., subdivisions, ski base facilities) or for redevelopment projects at the discretion of the staff' Existing multi-tenant mehant commercial buildings shall be required to submit a sign program when applying for new signage. Sign programs shall be subject to the provisions, standards, and guidelines listed in this Ttitle. • Section 14. Section 11-10-1 is hereby amended as follows: 11-10-1: VARIANCES: A. Purpose: A variance from the Sign Regulations constitutes relief from the strict interpretation of the standards and may be granted by the p~g~-arid Planning and Environmental Commission(PEC) in cases where there exists a physical limitation that prevents the existence, placement, or operation of a sign in compliance with the standards of this T,title. B. Application Procedure: An application for a variance from the sign regulations may be obtained from the Ceommunity Ddevelopment Ddepartment. The variance application must include a sign permit application, the applicant's reasons for requesting a variance, and a nonrefundable fee determined by the Town Counncil as set forth by Town ordinances. The staff shall set a date for a hearing before the plans ' „~~~~er-~~~y.,,tr~3~~~?-Planning and Environmental Commission once the complete application has been received. Section 15. Section 11-10-2 is hereby amended as follows: 11-10-2: APPEAL OF A VARIANCE: An appeal to the Town Council ~tewn-eeu~~ of a Planning and Environmental Commissio .?r.,rr.~~ien (PEC) decision on a sign variance application may be made in accordance with the appeal process • (Section 12-3-3 of this Ceode). 8 6 • Section 16. Section 12-1-1 is hereby amended as follows: 12-1-1: TITLE: This Title may be cited as the ZONING REGULATIONS ~F?~ for the Town, and shall form and be incorporated as Title 12 of the Town Code of Yail, Colorado, otherwise referred to as "Pail Town Code mil. " Section 17. Section 12-2-1 is hereby amended as follows: 12-2-1: WORD CONSTRUCTION.• Words used in the present tense include the future, and vice versa; words used in the singular include the plural, and vice versa; the word "shall" is mandatory, the word "may" is permissive; and whenever reference is made to any portion of this Title, the reference applies to all amendments and additions now or hereafter made. Section 1$. Section 12-2-2 is hereby amended as follows: 12-2-2: DEFINITIONS: When used in this Ttitle, the words and phrases contained in this Tlitle shall have the specific meanings as defined in this Ssection. • An~OUTDOOR RECREATIONAREAS, ACTIVE: Outdoor recreational activities which involve organized or structured recreation that is associated with recreational facilities, excluding buildings. For example, active outdoor recreation would include, but not be limited to: athletic fields, playgrounds, outdoar basketball and tennis courts, outdoor swimming pools, sledding and skiing areas, fitness trails with exercise stations, etc. AFFECTED PROPERTY: Property within a Speciat Development District that, by virtue of its proximity or relationship to a proposed amendment request to an approved development plan, may be affected by redesign, density increase, change in uses, or other modifcations changing the impacts, or character of the approved Special Development District AGENT OR AUTHORIZED REPRESENTATIVE: Any individual or association authorized or empowered in writing by the property owner to act on his (her) stead If any of the property to be included in the Special Development District is a condominiumized development, the pertinent condominium association may be considered the agent or authorized representative jor the individual unit owners if authorized in conformity with all pertinent requirements of the condominium association's declarations and all other requirements of the condominium declarations are met. ANNEXED AREAS: Parcels of land that have been introduced to the boundaries of the Town of Yai~ I • 9 B • ARCHITECTURAL PROJECTIONS: Building projections including, but not limited to towers, stairs, spires, cupolas, chimneys, flagpoles and similar architectural features ATTIC: The space between the ceiling beams of the top story and the roof rafters AUTOMOTIVE SERVICE STATIONS: A facility with retail sale of motor fuel, vehicle servicing and repair and optional accessory convenience store. AVALANCHE AREA, BLUE HAZARD: An area impacted by a snow producing a total static and dynamic pressure less than six hundred (600) pounds per square foot on a flat surface normal to the flow and/or a return interval in excess of twenty five (25) years. AVALANCHE AREA, RED HAZARD: Any area impacted by a snow avalanche producing a total static and dynamic pressure in excess of six hundred (bDD) pounds per square foot on a flat surface normal to the flow and/or a return interval of less than twenty five (25) years. AVALANCHE AREA, ZONE OF INFLUENCE: Any area in a potential avalanche hazard zone where detailed information is not currently available but which may be impacted by said hazard These zones of influence shall be designated on the appropriate maps of the Administrator of the Town. • BAKERIES AND CONFETIONERIES: Commercial retail or wholesale properties whose main products are baked goods and desserts, either produced on the premises or off site. BARBERSHOP: A commercial establishment whose primary business is the cutting and/or styling of human hair. BAY WINDOWS: A window or series of windows that projects from the main wall of a building and forming a bay or alcove in a room within. CLUBS, HEALTH: A facility where members or nonmembers use equipment or space for the purpose of physical exercise. DEC% ROOFED OR COVERED: A deck that is protected from the elements via a roof or other similar covering. DEED RESTRICTION: A restriction on the use of land or users/owners of property set forth in a legally binding deed DENSITY CONTROL: Any requirement of this title that regulates the number or size of dwelling units per unit of land DRUGSTORE: An establishment engaged in the retail sale of prescription drugs, non prescription medicines, cosmetics and related supplies. • io B • ENVIRONMENTAL IMPACT REPORT: A document outlining the effect of proposed development or action on the environment FACILITIES, HEALTH CARE: A facility principally engaged in providing services for health maintenance, diagnosis or treatment of human diseases, pain, injury, deformity, or physical condition. FLOOD HAZARD ZONE: That area covered by the base flood The base flood area is any numbered A, AO, AH, or area of 100 year shallow flooding indicated on the Flood Insurance Rate Map, associated work maps, and Flood Insurance Study. The flood hazard zone is also any area indicated as 'flood plain" as defined by the Gore Creek Flood Plain Information Report, 1975, as designated in Section 12-21-11 of this Chapter. FLOOD INSURANCE STUDY: The official report provided by the Federal Emergency Management Agency that includes flood profales and water surface elevation of the base flood FLOOR AREA, SEATING (Used Only For Calculating Parking Requirements): The floor area within the enclosing walls of a business or structure that is devoted to the seating of guests for dining or meeting purposes, exclusive of lobbies, pre function p~,;car~~+ene areas and kitchen facilities. FULL TIME EMPLOYEE: A person who works an average of thirty {30) • hours per week or more on a year round basis in Eagle County, Colorado. GEOLOGICALLY SENSITIVE AREA: An area within the Town of Vail which may be subject to rock falls, mud flows, debris flows, debris avalanches, and unstable soft, slopes or rocks LAUNDROMAT: A facility where patrons wash, dry or dry clean clothing or other fabrics in machines operated by the patron. LOBBY: A communal space in or near the entrance area of a building. MEETING AND CONVENTION FACILITY: A building or buildings that contain space for the convening of organizations or groups of people for the purposes of educational, political, social or fraternal advancement MULTIPLE USE LOADING FACILITY: A facility where a single off street loading facility serves more than one use or one user. PARTY WALL: A common wall shared by two attached structures, buildings or dwelling units. ht~SSIKE OUTDOOR RECREATIONAREAS, PASSIVE: Outdoor recreation activities which involve unstructured recreation which does not require facilities or special grounds. Passive outdoor recreation would include.• picnicking, fishing, walking, hiking, cross country skiing, informal playing fields, etc. • i~ a PATHS, BICYCLE AND PEDESTRIAN: A Corr' odor or use b bic cles and 1' y y pedestrians, prohibited for use by motorized vehicles. PERSONAL SERVICES: Anon-medical commercial business where a service is offered to the customer and where accessory retail sales of products related to the services may be provided, including but not limited to beauty and barber sho s, tailor sho s d cleaners Laundromats r P P • rJ' epair shops, and similar services. PLANNING,,~,~]AN,~D~ ENVIRONMENTAL COMMISSION.' F!an'ntyxb ~,~.1 ~1~~~~•~ L~IIL17iLLi1--CS114b141'J.. ~P ..3~ dY'YRHs'A'..., (S~'tY1.. t?.~ eett~er~ The body responsible for reviewing development proposals or any matters pertaining to the Commission as provided by the Town Code and to act in an advisory capacity to the Town Councik The Planning and Environmental Commission focuses on evaluating projects based on the Zoning Ordinance, Master Plans, Subdivision Regulations, environmental concerns, etc., and as established by Chapter 3-2, Vail Town Code. PRIMARY ROOF.• A roof which covers five hundred (S00) or more square feet of building area. A primary roof shall not include required secondary roof forms, dormers, architectural projections, covered entryways, shop front colonnades, awnings, louvers, porte cocheres, covered decks, and other similar roof forms. This definition is used in the determination of building height in the Lionshead ' Mmixed Use 1 and 2 cane districts. See figures 8-1 S(a-c) in the Lionshead • Redevelopment Mmaster Pplan for additional clarification. PRIVATE CLUB.• An association of persons and its premises established for the . fraternal, social, educational, recreational, or cultural enrichment of its members and not primarily for profit, whose are bona fide members paying dues and meet certain prescribed qualifications for membership, use of such premises being restricted to members and their guests. Parking structures may not be the sole facility for a private club. PRIVATE PARKING STRUCTURES: A parking area within a building for the.exclusive use of its owners, to be considered an individual land use not to be linked with parking requirements regulated in Chapter I2-10 of this Title. PRIVATE UNSTRUCTURED PARKING: A parking area not within a building for the exclusive use of its owners, to be considered an individual land use not to be linked with parking requirements regulated in Chapter 12-10 of this Title. PROPERTY OWNER: A person, persons or public or private entity with the right to exclusive use, control, or possession of property due to transfer of property through a deed or other legal document PUBLIC PARKING STRUCTURES: A ar i k n area within a buildin or use P g gf by the public, to be considered an individual land use not to be linked with • parking requirements regulated in Chapter 12-10 of this Title. 12 Y • PUBLIC UNSTRUCTURED PARSING: A parking area not within a building for use by the public, to be considered an individual land use not to be linked with parking requirements regulated in Chapter IZ-10 of this Title. RECREATION AMEMTIES TAX.• A fee or dues levied on certain devetopment that is used to fund an exterior recreation based improvement or facility including, but not Limited to, swimming pools, hot tubs, athletic fields and courts, ice rinks, skate parks, golf courses, driving ranges, playgrounds, and other similar amenities. RELIGIOUS INSTITUTION: A building used for public worship by any number of congregations, excluding buildings used exclusively for residential, educational, recreational or other uses not associated with worship. Includes churches, chapels, cathedrals, temples, and similar designations ROOF, FLAT: A roof that is not pitched and the surface of which is generally parallel to the ground ROOF, MANSARD: A roof with two slopes on each of four sides, the lower steeper than the upper. SHOPS, BEAUTYAND BARBER: A facility where one or more persons engage in the practice of cosmetology, including hair, nail and skin care. • SHOPS, ELECTRONICS SALES AND REPAIR: A facility where home electronics are sold anaUor repaired on the premises. STTE COVERAGE: The ratio of the total building area of a site to the total area of a site, expressed as a percentage. For the purposes of calculating site coverage th~~ejrx,;'~:~; s "building area of a site" shall mean that portion of a site occupied by any building, carport, pone cochere, arcade, and covered or roofed walkway constructed at, below, or above grade as measured from the exterior face of the sheathing of the perimeter walls or supporting columns. For the purposes of this definition, a balcony or deck projecting from a higher elevation may extend over a lower balcony, deck or walkway, and in such case the higher balcony or deck shall not be deemed a roof or covering for the lower balcony, deck or walkway. In addition to the above, building area shall also include any portion of a roof overhang, eaves, or covered stair, covered deck, covered porch, covered terrace or covered patio that extends more than four feet (4') from the exterior face of the perimeter building walls or supporting columns. SITE SPECIFIC DEVELOPMENT PLAN: Shall mean and be limited to a final major or minor subdivision plat, or a Special Development District development plan. SITE: ,See-,~~s~i ~f'Sa~-61 • °it.. (See Also LOT OR SITE) A parcel of land occupied or intended to be occupied by a use, building, or structure under the provisions of this title and meeting the minimum requirements of this title. A lot or site may consist of a single lot of record, a portion of a lot of record, a • combination of lots of record or portions thereof, or a parcel of land described by metes and bounds. 13 • SLOPE: •'Fpa ~ 1;~=' ~fi3 ::t::E2~E: 8€ r ~ mss; ~:~~-•~r..p ~ , ~-~--~~e ~36~i~91~C~ 1?3 3 's.'i~F899~E}-•@3 pef~!£k'~ ~ ,.r 8 : ~ j' Pd? ~ 1:.; 8~ ~~e~-ecE'~ one e: p~>:t:~s `.~elee€--The deviation of a surface from the horizontal, expressed in percent or degrees and calculated through rise over run. SPECL4L DEVELOPMENT DISTRICT, MAJOR AMENDMENT (PEC ANDlOR COUNCIL REVIEW): Any proposal to change uses; increase gross residential floor area; change the number of dwelling or accommodation units; modify, enlarge or expand any approved Special Development District (other than "minor amendments" as defined in this Section), except as provided under Section 12-1 S-4, "Interior Conversions' ; or 12-1 S-S, "Additional Gross Residential Floor Area (2S0 Ordinance)' ; of this Title. • SPECIAL DEVELOPMENT DISTRICT, MINOR AMENDMENT (STAFF REVIET~: Modifications to building plans, site or landscape plans that do not alter the basic intent and character of the approved Special Development District, and are consistent with the design criteria of this Articles Minor amendments may include, but not be limited to, variations of not more than five feet (S) to approved setbacks andlor building footprints; changes to landscape or site plans that do not adversely impact pedestrian or vehicular circulation throughout the Special Development District; or changes to gross floor area (excluding residential uses) of not more than five percent (S%) of the approved square footage of retail, office, common areas and other nonresidential floor area. STORE, CONVENIENCE FOOD: Commercial retail entity that specialize in selling fast food and beverage, and only includes counter service, not table services SUBSTANTLgL IMPROVEMENT: Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent (SO%) of the market value of the structure. Market value shall be determined by a qualified assessor designated by the Administrator. The market value of a structure is determined either A. Before the improvement or repair is started; or B. If the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or • not that alteration affects the external.dimensions of the structure. The term does not, however, include any project for improvement of a structure to 14 • comply with existing State or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions. TRUSS TYPE STRUCTURAL SYSTEM: A structural system that includes trusses used as structural support, perpendicular to the outside walls, on the inside oja roof structure. UNDERLYING ZONE DISTRICT: The zone district existing on the property, or imposed on the property at the lime the Special Development District is approved VARIANCE: Permission to depart from the literal requirements of a zoning ordinance, as further regulated by this Title. VEHICLE, COMMERCIAL: A vehicle that is designated for commercial use through licensing requirements by the State of Colorado. VESTED PROPERTY RIGHT: The right to undertake and complete the development and use of property under the terms and conditions of the site specific development plan, and shall be deemed established upon approval of a site specific development plan. VIEW CORRIDOR: An unobstructed location, position or area that permits an unhindered panoramic vista of particular interest or pleasure or unique • view to a particular point from a public place, adopted by ordinance, as further regulated by this Title. VIEW POINT ORIGINATION: The survey point, called out as the instrument in each legal description defining a view corridor boundary, which is the basis for each view corridor. ZONE DISTRICT: A specifically delineated area in the Town of Vail with uniform regulations and requirements which govern the use, placement, spacing, and size of land and buildings as mapped on the Town of Vail Official Zoning Map. ZONING MAP: A map that specifies the boundaries of zone districts within the Town of Vail. Section 19. Chapter 12-3 is hereby amended as follows: I2-3-3: APPEALS.• A. Administrative Actions: Any decision, determination or interpretation by any Toown Aadministrative Offficial with respect to the provisions of this Title and the standards and procedures hereinafter set forth shall become final at the next Planning and Environmental Commission ~y:~r~.~~-~ e~,~~~~~-meeting (or in the case of design related decision, the next Design • Review Board-~e.;~i~; r ; meeting following the Administrator's decision, unless the decision is called up and modified by the Board or Commmission. " 15 • B. Appeal Of Administrative Actions: 1. Authority.• The Planning and Environmental Commission p~~g-ctm# e~+r~~~~L~,~~~-eamr?ri~ien-shall have the authority to hear and decide appeals from any decision, determination or interpretation by any Ttown administrative official with respect to the provisions of this Ttitle and the standards and procedures hereinafter set forth, except that appeals of any decision, determination or interpretation by any Ttown administrative official with regard to a design guideline shall be heard by the Design Review Board desk-r=eview 2. Initiation: An appeal may be initiated by an applicant, adjacent property owner, or any aggrieved or adversely affected person from any order, decision, determination or interpretation by any Administrator ~is~tii•~ e,,a with respect to this Ttitle. "Aggrieved or adversely affected person" means any person who will suffer an adverse ef~ j`ect to an interest protected or furthered by this title. The alleged adverse interest may be shared in common with other members of the community at large, but shall exceed in degree the general interest in community good shared by all persons. The Aadministrator shall determine the standing of an appellant. If the appellant objects to the As~dministrator's determination of standing, the Planning and Environmental Commission ' .:.;,~t„t~.~en (or the Design Review Board s~eslg?e ete+-ti s s~~°~ in the case of design guidelines) shall, at a meeting prior to hearing evidence on the appeal, make a determination as to the standing of the appellant. If the Planning and Environmental Commission ~i::o a~..l ,~.~~«sgrer~r(or the Design Review Board des~l : ~ ie~ i~ 'a~ in • the case of design guidelines) determines that the appellant does not have standing to bring an appeal, the appeal shall not be heard and the original action or determination stands. 3. Procedures: A written notice of appeal must be filed with the Aedministrator or with the Ddepartment of Community Development rendering the decision, determination or interpretation within twenty (20) calendar days of the decision becoming final. If the last day for filing an appeal falls on a Saturday, Sunday, or a Ttown observed holiday, the last day for filing an appeal shall be extended to the next business day. The Asdministrator's decision shall become f nal at the next Planning and Environmental Commission pi',:~: ~ ;g. eemm'~sierrmeeting (or in the case of design related decision, the next Design Review Board ~srgn-. ~ ~-L ~ meeting following the Aadministrator's decision, unless the decision is called up and modified by the Board or Commmission. Such notice shall be accompanied by the name and addresses (person's mailing and property's physical) of the appellant, applicant, property owner, and adjacent property owners (the list of property owners within a condominium project shall be satisfied by listing the addresses for the managing agent or the board of directors of the condominium association) as well as specific and articulate reasons for the appeal on forms provided by the Ttown. The filing of such notice of appeal will require the administrative off cial whose decision is appealed, to forward to the Planning and Environmental Commission (or the Design Review Board a?estgn-~r~+ie;?t„ ~ ~ in the case of design guidelines) at the next regularly scheduled meeting, a summary of all records concerning the subject matter of the • appeal and to send written notice to the appellant, applicant, property owner, and adjacent property owners (notification within a condominium project shall be satisfied by notifying the managing agent or the board of directors of the 16 b • condominium association) at least fifteen (1 S) calendar days prior to the hearing. A hearing shall be scheduled to be heard before the Planning and Environmental Commission ~b~ s:; r. ~ (or the Design Review Board es~ in the case of design guidelines) on the appeal within thirty (30) calendar days of the appeal being filed. The Planning and Environmental Commission ~~~rr~g-~4d i,~~,L,~~,;r~~ e~„L„LL~,,.~ien (or the Design Review Board in the case of Da~esign Gguidelines) may grant a continuance to allow the parties additional time to obtain information. The continuance shall be allowed for a period not to exceed an additional forty (40) calendar days. Failure to file such appeal shall constitute a waiver of any rights under this title to appeal any interpretation or determination made by an Administrato . 4. Effect Of Filing An Appeal: The filing of a notice of appeal shall stay all permit activity and any proceedings in furtherance of the action appealed unless the Administrator-,u -art 5~~ rendering such decision, determination or interpretation certifies in writing to the Planning and Environmental Commission e~~:~;:~~;,~r,~,L;z~' „-~ryLN.L,i~sten (or the Design Review Board , s , y~ in the case of Ddesign Gguidelines) and the appellant that a stay poses an imminent peril to life or property, in which case the appeal shall not stay further permit activity and any proceedings. The Coommission (or Bboard) shall review such certification and grant or deny a stay of the proceedings. Such determination shall be made at the next regularly scheduled meeting) of the Planning and Environmental Commission ~,rrg a,L•, ~,7,L„L~,LL~aT"'f:711L1IL .~~~(OY the Design Review Board eies : e ~:,`?iV • ~4 ~ a, ~~-in the case of Ddesign Gguidelines). S. Findings: The Planning and Environmental Commission ,?~L~y?g- ers~,.~ L, L?~, 7„L„ L~.gsie~(or the Design Review Board a?esigrr-rte ~,i in the case of Ddesign Gguidelines) shall on all appeals make specific findings of fact based directly on the particular evidence presented to it. These findings of fact must support conclusions that the standards and conditions imposed by the requirements of this Ttitle have or have not been met. 6. Fee: The Town Ceouncil may set a reasonable fee for filing an appeal of an administrative decision, determination or interpretation. The fee will be adopted in a fee schedule which shall be maintained in the Department of Community Development d<;y a, ~ee,rmm,rn~'~;r 'ew~lelm~,E. The fee shall be paid at the time the appeal is filed. C. Appeal Of Planning And Environmental Commission Decisions And Design Review Board Decisions: 1. Authority: The Town Ceouncil shall have the authority to hear and decide appeals from any decision, determination or interpretation by the Planning and Environmental Commission i,L~,Ls r the ~ Design Review Boarddes~id,L ~~+iew-bests with respect to the provisions of this Ttitle and the standards a nd procedures hereinafter set forth. 2. Initiation: An appeal may be initiated by an applicant, adjacent property owner, or any aggrieved or adversely affected person from any order, decision, determination or interpretation by the Planning and Environmental Commission or the Design Review Board desroi~ ,:~,~~-with respect to this Ttitle. "Aggrieved or adversely affected person" means any person who will suffer an adverse effect to an . interest protected or furthered by this title. The alleged adverse interest may be shared in common with other members of the community at large, but shall i~ 6 • exceed in degree the general interest in community good shared by all persons. The Asdministrator shall determine the standing of an appellant. If the appellant objects to the Aadministrator's determination of standing, the Town Council ~eiw4-eeetneil shall, at a meeting prior to hearing evidence on the appeal, make a determination as to the standing of the appellant. If the Town Council tee ee~ei~determines that the appellant does not have standing to bring an appeal, the appeal shall not be heard and the original action or determination stands. The Town Council te~an-eeunei,~may also call up a decision of the Planning and Environmental Commission : °s. ~r the Design Review Board by a majority vote of those Town Ceouncil members present. 3. Procedures: A written notice of appeal must be filed with the Aadministrator within twenty (20) calendar days of the Planning and Environmental Commission's e~~~~~~?ssie~r~ decision or the Design Review Board's~~esig~-t~;- „e- •~ect~=s decision becoming final. if the last day for filing an appeal falls on a Saturday, Sunday, or a Town observed holiday, the last day for filing an appeal shall be extended to the next business day. Such notice shall be accompanied by the name and addresses (person's mailing and property's physical) of the appellant, applicant, property owner, and adjacent property owners (the list of property owners within a condominium project shall be satisfied by listing the addresses for the managing agent or the board of directors of the condominium association) as well as specific and articulate reasons for the appeal on forms provided by the Town. The filing of such notice of appeal will require the Planning and Environmental Commission p~n~g • „i, uibh' so~s~isr•t99i~9~pY the Design Review Board •,,xi•~xt to forward to the Town Council-~ettneri at the next regularly scheduled meeting a summary of all records concerning the subject matter of the appeal and to send written notice to the appellant, applicant, property owner, and adjacent property owners (notification within a condominium project shall be satisfied by notifying the managing agent or the board of directors of the condominium association) at least fifteen (1 S) calendar days prior to the hearing. A hearing shall be scheduled to be heard before the Town Council~ewrres~r~ei~l on the appeal within forty (40) calendar days of the appeal being filed. The Town Council~eeuneil may grant a continuance to allow the parties additional time to obtain information. The continuance shall be allowed for a period not to exceed an additional thirty (30) calendar days. Failure to file such appeal shall constitute a waiver of any rights under this Cehapter to appeal any interpretation or determination made by the Planning and Environmental Commission ~~.~ien-or the Design Review Boarddesig~r ~e~~ 4. Effect Of Filing An Appeal.• The filing of a notice of appeal shall stay all permit activity and any proceedings in furtherance of the action appealed unless the Administratorsdn~~'~•;'~,~;°,;~;•~ ~ s,~er~rl rendering such decision, determination or interpretation certifies in writing to the Town Council~e~-ee~eil and the appellant that a stay poses an imminent peril to life or property, in which case the appeal shall not stay further permit activity and any proceedings. The Town Councilte~ar~-•~eaunerl shall review such certification and grant or deny a stay of the proceedings. Such determination shall be made at the next regularly . scheduled meeting of the Town Councilte~a;~ree~erl. S. Findings: The Town Councik,~° v; i eeuoeil shall on all appeals make specific findings of fact based directly on the particular evidence presented to it. These i8 s . findings of fact must support conclusions that the standards and conditions imposed by the requirements of this Title have or have not been met. 6. Fee: The Town Council~eiw4-eaetne~l may set a reasonable fee for filing an appeal to a Planning and Environmental Commission P&m'~g--~~ e, k,.~ ~ettE~' s mien--or Design Review Board~.~~~: : ~i ~ decision. The fee will be adopted in a fee schedule which shall be maintained in the Department of Community Development °rt; 3f +~E}+ deav:~'sl~e~. The fee shall be paid at the time the appeal is filed. D. Procedure For Appeals; Sign Regulations: The procedure for an appeal of an administrative interpretation of the Ssign Regulations shall be the same as that of appeals of an administrative action as set forth in Subsection B of this Ssection. E. Appeal Of Town Council Decisions: Any applicant, adjacent property owner, or any aggrieved or adversely affected person aggrieved by a final decision of the Town Council~~w~-~ee~eil with respect to a filed appeal may seek review of such decision by a court of competent jurisdiction in the manner provided by the laws of the Sstate of Colorado. F. Conduct Of Hearing: The Town Council~eiw4-~L.,.~~ shall have the authority to set standards, by administrative rule, on appellate hearing procedures including, but not limited to, time allowance for the presentation of evidence and the time allowance for oral arguments. 12-3-4: DETERMINATION OF SIMILAR USE: B. Review Use Characteristics: The Administrator, upon request of the • Town Ceouncil, or written request of any person for a determination under this Ssection, shall review the characteristics of any use proposed to be determined as similar to permitted uses, and shall transmit a report to the council advising in what respects the proposed use would be, in fact, similar to specified permitted uses in the same zone district, or in what respects the proposed use would not be similar to permitted uses, or would be similar to uses specifically permitted only in other zone districts. After receipt of the report, the Ceouncil may determine the proposed use to be similar to uses specified as permitted uses in the same Zone district if it finds that the proposed use will not be substantially d~erent in its operation or other characteristics from uses specifically permitted in the same zone district. The Ceouncil shall state the basis for its determination, and the use thereafter shall be deemed a permitted use subject to the same regulations as specifically permitted uses in the same zone district. 12-3-5: DECLARATION OF SITE ALLOCATION.• D. Lots To Meet Standards: No site declared under this Section shall be I'~I recognized as a usable site pursuant to the provisions of this Title if it results in creation of any site or parcel of land which does not fully meet the lot site and dimension requirements of the zone district in which it is located. The declaration of site allocation procedure shall not be substituted for the procedures prescribed in Title 13 of this Ceode if the site constitutes a portion of a parcel which can be further subdivided or otherwise is subject to the provisions of Title 13 of this Ceode. 12-3-6: HEARINGS: A. Conduct: When required by statute or by this title, hearings before the • Planning and Environmental Commission ~`d~ aem~ 19 e i • nd the Town Council ~::e shall be conducted in accordance with the provisions of this Cehapter. B. Setting Date: Upon the filing of an application, petition or appeal, the disposition of which requires a hearing before either the Planning and Environmental Commission ' ear or the Town Council ~s~v4-eectnetl or both, pursuant to this title, a date for the hearing shall be set which shall be not more than thirty (30) days from the date of filing of the application or receipt of the document. C. Notice: 1. Not less than fifteen (1 S) days prior to the date set for the hearing before the Planning and Environmental Commission eu~~~,a~ls~sien, the Asdministrator shall cause a copy of the notice to be published once in a newspaper of general circulation in the Town. 2. In addition to the published notice, the administrator shall cause a copy of the notice to be mailed by first class mail, postage prepaid to the owner or owners of record of the property which is subject of the hearing and the owner or owners of record of the property adjacent to the subject property (if the adjacent property is a condominium project, notice may be mailed to the managing agent, registered agent or any member of the board of directors thereo,~, for av~ srrav?t; M1ag+~ a. application to change zone a~z::a_c':: __-a~sg district boundaries; b. application for a conditional uses permit; c. application for a variance; d. application relating to development plans for special development districts; or • e, application to changes-in-the density control Ssections-i~-an3+ of a ~t#e zone districts. D. Evidence: 1. The Planning and Environmental Commission p~ytrYY eemm£ssie~r shall base its determinations upon statements contained in the application or petition, upon reports from the Toown staff or consultants, if any, and upon evidence presented to the Coommission at the hearing. 2. The Town Council~ee~rr~ shall base its determinations upon statements contained in the application or petition, upon reports from the Toown staf, j`~ or consultants, if any, upon evidence submitted to Planning and Environmental Commission ~~,g-sns~ e, ~mn~;~,~~„~~.~s~ien and the recommendations or findings of the Coommsssion, and upon evidence presented to the Ceouncil at the hearing. 3. Hearings shall be conducted in such a manner as to afford an applicant or petitioner and all interested parties the opportunity to submit exceptions to the record, contentions, and arguments with respect to the issues entailed, provided that the Planning and Environmental Commission pir~rr~~>E~y~~~t~ eessren and the Town CounciHe~~ may limit the taking of evidence to evidence not previously submitted and made a matter of record. 12-3-7: AMENDMENT.• A. Prescription: The regulations prescribed in this Title and the boundaries of the zone districts shown on the Oe~cial Zgoning Mmap may be amended, or repealed by the Town Ceouncil in accordance with the procedures prescribed in this eehapter. B. Initiation: Zo 6 1. An amendment of the regulations of this Title or a change in zone district boundaries may be initiated by the Town Council ~~~+r4--eec~i~ on its own motion, by the Planning and Environmental Commission ~„",~~,~,~a~° ,;~~,~~,~rrssien on its own motion, by petition of any resident or property owner in the Town, or by the Asdministrator. 2. A petition for amendment of the regulations or a change in zone district boundaries shall be filed on a form to be prescribed by the Aadministrator. 7'he petition shall include a summary of the proposed revision of the regulations, or a complete description of proposed changes in zone district boundaries and a map indicating the existing and proposed zone district boundaries. If the petition is for a change in zone district boundaries, the petition shall include a list of the owners of all properties within the boundaries of the area to be rezoned or changed, and the property adjacent thereto. The owners' list shall include the names of all owners, their mailing and street addresses, and the legal description of the property owned by each. Accompanying the list shall be stamped, addressed envelopes to each owner to be used for the mailing of the notice of hearing. The petition also shall include such additional information as prescribed by the Asdministrator. C. Criteria And Findings: 1. Zone District Boundary Amendment: a. Factors, Enumerated: Before acting on an application for a zone district boundary amendment, the Planning and Environmental Commission p~rweing and Town Couneilteran-eel shall consider the following factors with respect to the requested zone district boundary • amendment: b. Necessary Findings: Before recommending and/or granting an approval of an application for a zone district boundary amendment, the Planning and Environmental Commission plw~,r,~r, '.~~k,~r and the Town Council~~ r~ ~ ~ shall make the following findings with respect to the requested amendment: (1) That the amendment is consistent with the adopted goals, objectives and policies outlined in the Yail Comprehensive Plan esel~?r~n and compatible with the development objectives of the Town; and 2. Prescribed Regulations Amendment: a. Factors, Enumerated: Before acting on an application for an amendment to the regulations prescribed in this Title, the Planning and Environmental Commission wire,,„~o,uuz.' oa„„,k?'i3is~4 and Town Council eel shall consider the following factors with respect to the requested text amendment: (1) The extent to which the text amendment furthers the general and specific purposes of the T.goning R~regulations; and (2) The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies i outlined in the Yail Comprehensive Pla.~~~„~yt~ekens:re r-'~ and is compatible with the development objectives of the Toown; and (S) Such other factors and criteria the Planning and Environmental Coommsssion and/or Ceouncil deem applicable to the proposed text amendment. b. Necessary Findings: Before recommending and/or granting an approval of an application for a text amendment the Planning and Environmental • Commission and the Town Couneil~e~t z~ B • ea~eil shall make the following findings with respect to the requested amendment.• D. Fee: The Town Councilte~-ee~rrei~ shall set a fee schedule for petitions for amendment of the regulations of this Title or a change in zone district boundaries, sufficient to cover the cost of Toown staf,~'time and other expenses incidental to the review of the petition. E. Hearing.• Upon filing of a petition for amendment or upon initiation of an amendment by the Town Councilteian-'ee~ei~, Planning and Environmental Commission , ~ or Aadministrator, the Administrator shall set a date for hearing in accordance with the provisions of Subsections 12-3-6C and D of this Cehapter. F. Planning And Environmental Commission Recommendation: Within twenty (20) days of the closing of a public hearing on a proposed amendment, the Planning and Environmental Commission a++~4~a~ eeom~sie~ shall act on the petition or proposal. The Ceommission may recommend approval of the petition or proposal as initiated, may recommend approval with such modifications as it deems necessary to accomplish the purposes of this Title, or may recommend denial of the petition or rejection of the proposal. The Ceommission shalt transmit its recommendation, together with a report on the pubtie hearing and its deliberations and findings, to the Town Councilt~~~;~ree~r~erl. G. Hearing By Town Council: Upon receipt of the report and recommendation of the Planning and Environmental Commissionr~g-~ .;,,•,',~~~s„<<re~st~ „s««~«~sien, the Town Ceouncil shall set a date for hearing in • accordance with Subsection 12-3-6B of this Cehapter. H. Action By Town Council.• Within twenty (20) days of the closing of a public hearing on a proposed amendment, the Town Counei~•~`a - t-,: i s l shall act on the petition or proposal. The Town Councilte~~~iei~ shall consider but shall not be bound by the recommendation of the Planning and Environmental Commissionpk'a~«k~+~~:~",~,"3~4i .The Town Councilte~:;i e~em4eil may cause an ordinance to be introduced to amend the regulations of this Ttitle or to change zone district boundaries, either in accordance with the recommendation of the Planning and Eenvironmental Ceommission or in modified form, or the Ceouncil may deny the petition. If the Ceouncil elects to proceed with an ordinance amending the regulations or changing zone district boundaries, or both, the ordinance shall be considered as prescribed by the charter of the Town. Section 20. Section 12-4-I is hereby amended as follows: 12-4-1: DESIGNATED: The following zone peg districts are established: Hillside Residential (HR) District rL~r _ r °t Single-Ffamily Residential (SFR) District ° °=a~--"~' " Two- Ffamily Residential (R) District Two- Ffamily Primary/Secondary Residential (PS) District ~„.~,~ka,~,,'see~ Residential Cluster (RC) District el~ster fiF~63et • Low Density Multiple-Fatuity (LDMF) District Orly :>garlt~e-,f+~~}+ f~$A4F) dtst~ieE 22 b . Medium Density Multiple-Family (MDMF) District High Density Multiple-Family (HDMF) District aten3i`,~ mu~pl~~+ Housing (H~rs~tet District Public Accommodation (PA) District seee~rernec,'.,~; ~ ; ~ ,~~4,~P Commercial Core 1 (CCI) District ee~e ~-{€'C~~St~reF Commercial Core 2 (CC2) District Commercial Core (CC3) District 3 C a'_'~= ` Commercial Service Center (CSC) District rno^' a-'~:-' Arterial Business (ABD) District Heavy Service (HS) District ' ',Friel Lionshead Mixed Use 1 (LMU-1) District Lionshead Mixed Use 2 (LMU-2) District ntixe~' aes~ ' ,'T ' a' Agricultural And Open Space (A) Districts' sh e-i. ~r a'°`-'~' Outdoor Recreation(OR) District Natural Area Preservation (NAP) District Ski BaselRecreation (SBR) District ~e,~~s e a~,'~ Ski Base/Recreation 2 (SBR2) District ~:,~a~:ia:: '-~~~b~?) Special Development (SDD) District Parking (P) Districiet General use Use (GU) District • Section 21. Section 12-4-2 is hereby amended as follows: 12-4-2: PERMITTED USES.• A. Listed Uses Exclusive: The listing of any use as being a permitted use in any particular zone district shall be deemed an exclusion of such use from any other zone district unless expressly permitted as a permitted use, conditional use or accessory use. Section 22. Chapter 12-5 is hereby amended as follows: CHAPTER 12-5: OFFICIAL ZONING MAP 12-5-2: FILING: The Off cial Zoning Map shall be filed in the office of the Town Clerk and shall be identified by the signature of the Mayor, attested by the Town Clerk, and bear the Seal of the Town under the following words: This is to certify that this is the Off cial Zoning Map referred to in Section 12-5-1 of the Zoning Title, Town of Yail, Colorado, together with the date of the adoption of the ordinance codified in the Zoning Title and the date of the most recent change in zone district boundaries shown thereon. I2-S-3: CHANGES: No change shall be made in the zone district boundaries or other matter shown on the Official Zoning Map except by appropriate action of the Town Council in accord with Sections 12-3-1 through 12-3-7 of this Title. Any change adopted by the Town Council shall be entered on the Off cial Zoning Map promptly, together • with an entry noting the date of the change and a brief description of the nature of the change, which entry shall be attested by the Town Clerk. The date of the 23 B • most recent change shall at all times be indicated on any copies of the Official Zoning Map subsequently reproduced. 12-S-S: INTERPRETATION OF BOUNDARIES.• F. Where physical or cultural features existing on the ground are at variance with those shown on the Official Zoning Map or in circumstances not covered by Ssubsections A through E of this Section, the Town Council shall interpret the zone district boundaries. 12-5-6.• PROPERTY WITHOUT ZONE DISTRICT DESIGNATION.• Section 23. Chapter 12-6 is hereby amended as follows: 12-6A: HILLSIDE RESIDENTIAL (HR) DISTRICT 12-6A-1: PURPOSE: The Hillside Residential District ~ "'~:a~ °~a~ .~t`~~'--~~rie~ is intended to provide sites for low density single family residential uses, together with such public facilities as may be appropriately located in the same zone district. The Hillside Residential District ~ is intended to ensure adequate light, air, privacy and open space for each dwelling, commensurate with single family occupancy, and to maintain the desirable low density high quality residential development of such sites by establishing appropriate site development standards. 12-6A-2: PERMITTED USES: • The following uses shall be permitted in the HR Ddistrict: Single family residential dwellings. Type IV employee housing units, as further regulated by Chapter 13 of this Title. Type vemployee housing unit, one per lot, as,setforth in Cehapter 13 of this Title. 12-6A-3: CONDITIONAL USES: The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of Cehapter 16 of this Title: Bed and breakfast as further regulated by Section 12-14-18 of this Tfitle. Equestrian facilities located on five (S) acre minimum lot size area on property bordering public land. Funiculars; and other similar conveyances. Home child daycare facilitiesp as further regulated by Section 12-14-I2 of this Title. 12-6A-4: ACCESSORY USES: ~ The following accessory uses shall be permitted in the HR Ddistrict: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions ofS~ection 12-14-12 of this Title. • 12-6B: SINGLE-FAMILYRESIDENTIAL (SFR) DISTRICT 12-6B-1: PURPOSE: 24 B • The Single family Residential District fret is intended to provide sites for low density single family residential uses, together with such public facilities as may be appropriately located in the same zone district. The Single family Residential District diet is intended to ensure adequate light, air, privacy and open space for each dwelling, commensurate with single family occupancy, and to maintain the desirable residential qualities of such sites by establishing appropriate site development standards. 12-6B-2: PERMITTED USES: The following uses shall be permitted in the SFR Ddistrict: Single family residential dwellings. Type IYemployee housing units, as further regulated by Chapter 13 of this Title. 12-68-3: CONDITIONAL USES.• The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of Cehapter 16 of this Title. Bed and breakfasts as further regulated by S9ection 12-14-18 of this Title. Dog kennels. Funiculars; and other similar conveyances. Home child daycare facilitiesq? as further regulated by Section 12-14-12 of this Title. . Public buildings, grounds and facilities. Public and~sr~-private schools. Public parks and recreation facilities. Public utility and public service uses. Ski lifts and tows. Type II employee housing unit as set forth in Cehapter 13 of this T#itle. 12-6B-4: ACCESSORY USES: The following accessory uses shall be permitted in the SFR Ddistrict: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions ofS~ection 12-14-12 of this Ttitle. Private greenhouses, tool sheds, playhouses, garages or carports, swimming pools, patios, or recreation facilities customarily incidental to single family uses. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 12-6C: TWO-FAMILYRESIDENTIAL (R) DISTRICT 12-6C-1: PURPOSE: The Two family Residential District ~r e f~ ?~rr~t.rr,~ ~ is intended to provide sites for low density single family or two family residential uses, together with such public facilities as may be appropriately located in the same zone district. The Two family Residential District afar ' ~i~iet is intended to ensure adequate light, air, privacy and open space for each dwelling, commensurate with single family and two family occupancy, and to maintain the desirable residential qualities of such sites by establishing appropriate site development standards. 2s e • 12-6C-2: PERMITTED USES.• The following uses shall be permitted in the R Ds~istrict: Single family residential dwellings. Two family residential dwellings. Type I employee housing units as further regulated by ~fe~t•1~-i~rt Cehapter 13 of this Ttitle. Type Iiiemployee housing units, as further regulated by Chapter 13 of this Title. 12-6C-3: CONDITIONAL USES: The following conditional uses shall be permitted in the R Ddistrict, subject to issuance of a conditional use permit in accordance with the provisions of Cehapter 16 of this Title: Bed and breakfasts as further regulated by Ssection 12-14-18 of this Title. Dog kennels. Funiculars, and other similar conveyances. Home child daycare facilitiesy as further regulated by Section 12-14-12 of this Title. Public buildings, grounds and facilities. Public ands-private schools. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Type II employee housing units as set forth in Cehapter 13 of this Title. • 12-6C-4: ACCESSORY USES: Tlie following accessory uses shall be permitted in the R Ddistrict: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions ofSsection 12-14-IZ of this Title. Private greenhouses, tool sheds, playhouses, garages or carports, swimming pools, patios, or recreation facilities customarily incidental to single family and two family residential uses. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 12-6D: TWO-FAMILY PRIMARY/SECONDARY RESIDENTIAL (PS) DISTRICT 12-6D-1: PURPOSE: The Two family Primary/Secondary Residential District ~iw~,~ ~ ~ 3~ ieE is intended to provide sites for single- family residential uses or two family residential uses in which one unit is a larger primary residence and the second unit is a smaller caretaker apartment, together with such public facilities as may appropriately be located in the same zone district. Tlie Two family Primary/Secondary Residential District ~e- .~~1' ' s4s~riet is intended to ensure adequate light, air, privacy and open space for each dwelling, commensurate with single- family and two family occupancy, and to maintain the desirable residential qualities of such sites by establishing appropriate site development standards. • 12-6D-2: PERMITTED USES: Tlie following uses shall be permitted: Single family residential dwellings. 26 i tl • Two family residential dwellings. Type I employee housing units as further regulated by~~an Cehapter 13 of this Title. Type IV employee housing units, as further regulated by Chapter 13 of this Title. 12-6D-3: CONDITIONAL USES: The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of Cehapter 16 of this Title: Bed and breakfasts as further regulated by Section 12-14-18 of this Ttitle. Funiculars, and other similar conveyances. Home child daycare facilitj+ies as further regulated by Section 12-14-12 of this Title. Public buildings, grounds and facilities. Public and private schools. Public parks and recreation facilities. Public utility and public service uses. Ski lifts and tows. Type 11 employee housing units as set forth in Cehapter 13 of this Tfitle. 12-6D-4: ACCESSORY USES.• The following accessory uses shall be permitted: Home occupations, subject to issuance of a home occupation permit in accord • with the provisions of Cehapter 14 of this Title. 12-6D-8: DENSTTY CONTROL: B. Gross Residential Floor Area: 2. The secondary unit shall not ezceed forty percent (40%) of the allowable gross residential floor area (GRFA). 12-6E: RESIDENTIAL CLUSTER (RC) DISTRICT 12-6E-1: PURPOSE: The Residential Cluster District ~ is intended to provide sites for single family, two family, and multiple family dwellings at a density not exceeding six (6) dwelling units per acre, together with such public facilities as may appropriately be located in the same zone district. The Residential Cluster District fret is intended to ensure adequate light, air, privacy and open space for each dwelling, commensurate with residential occupancy, and to maintain the desirable residential qualities of the zone district by establishing appropriate site development standards. 12-6E-2: PERMITTED USES: The following uses shall be permitted in the RC Ddistrict: Multiple family residential dwellings, including attached or row dwellings and condominium dwellings with no more than four (4) units in any new building. S'n 1 c e- anvil residential dwellin s. g f Y g Two family residential dwellings. • Type IV employee housing units, as further regulated by Chapter I3 of this Title. 27 • 12-6E-3: CONDITIONAL USES: The following conditional uses shall be permitted in the RC Ddistrict, subject to issuance of a conditional use permit in accordance with the provisions of Cehapter 16 of this Ttitle: Bed and breakfasts as further regulated by Section I Z-14-18 of this Title. Dog kennels. Funiculars, and other similar conveyances. Home child daycare facilittesy as further regulated by Section 12-14-12 of this Title. Private clubs. Public buildings, grounds and facilities. Public and-e~-private schools. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Type III employee housing units (EHU) as provided in Cehapter 13 of this Title. 12-6E-4: ACCESSORY USES.• The following accessory uses shall be permitted in the RC Ddistrict: Home occupations, subject to issuance of a home occupation permit in accord with the provisions of Section 12-14-12 of this Title. Private greenhouses, tool sheds, playhouses, attached garages or carports, swimming pools, patios, or recreation facilities customarily incidental to single- family, two family or low density multiple family residential uses. • Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 12-6F.• LOWDENSITYMULTIPLE-FAMILY (LDMF) DISTRICT.• 12-tSF-1: PURPOSE: The Low Density Multiple Family District ' 'z fxrni,lj+ ~ is intended to provide sites for single family, two family and multiple family dwellings at a density not exceeding nine (9) dwelling units per acre, together with such public facilities as may appropriately be located in the same zone district. The Low Density Multiple Family District siet is intended to ensure adequate light, air, privacy and open space for each dwelling, commensurate with low density occupancy, and to maintain the desirable residential qualities of the zone district by establishing appropriate site development standards. 12-tiF-2: PERMITTED USES.• The following uses shall be permitted in the LDMF Dblistrict: Multiple family residential dwellings, including attached or row dwellings and condominium dwellings. Single family residential dwellings. Two family residential dwellings. ~ Type IV employee housing units, as further regulated by Chapter 13 of this Title. 12-6F-3: CONDITIONAL USES: ~ • 2s • The following conditional uses shall be permitted in the LDMF Ddistrict, subject to issuance of a conditional use permit in accordance with the provisions of Cehapter 16 of this Ttitle: Bed and breakfasts as further regulated by Ssection 12-14-18 of this T,Eitle. Dog kennel. Funiculars, and other similar conveyances. Home child daycare facility as further regulated by Ssection 12-14-12 of this Title. Private clubs. Public buildings, grounds and facilities. Public ands-private schools. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Type III employee housing units (EHU) as provided in Cehapter 13 of this Title. 12-6F-4: ACCESSORY USES: The following accessory uses shall be permitted in the LDMF Ddistrict: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions ofS~ection 12-14-12 of this Title. Private greenhouses, tool sheds, playhouses, attached garages or carports, swimming pools, patios, or recreation facilities customarily incidental to single- family, two family or low density multiple family residential uses. Other uses customarily incidental and accessory to permitted or conditional • uses, and necessary for the operation thereof 12-6G: MEDIUMDENSITYMULTIPLE-FAMILY (1tiIDMF) DISTRICT.• 12-6G-1: PURPOSE: The Medium Density Multiple Family District ~~-a~~... ~ f diet is intended to provide sites for multiple family dwellings at densities to a maximum of eighteen (18) dwelling units per acre, together with such public facilities as may appropriately be located in the same zone district. The Medium Density Multzple Family District ~n--fle~s:~~ ~~~'e~}+ ~ is intended to ensure adequate light, air, open space, and other amenities commensurate with multiple family occupancy, and to maintain the desirable residential qualities of the zone district by establishing appropriate site development standards. Certain nonresidential uses are permitted as conditional uses, and where permitted, are intended to blend harmoniously with the residential character of the zone district. 12-6G-2: PERMITTED USES: The following uses shall be permitted in the MDMF Ddistrict.• Multiple family residential dwellings, including attached or row dwellings and condominium dwellings. Single family residential dwellings. i Two family residential dwellings. Type IV employee housing units, as further regulated by Chapter 13 of this Title. • 12-6G-3: CONDITIONAL USES.• 29 • The following conditional uses shall be permitted in the MDMFDdistrict, subject to issuance of a conditional use permit in accordance with the provisions of Cehapter 16 of this Title: Bed and breakfasts as further regulated by Soection 12-14-18 of this Title. Dog kennels. Funiculars, and other similar conveyances. Home child daycare facilitiesg+ as further regulated by Ssection 12-14-12 of this Title. Private clubs and civic, cultural and fraternal organizations. Public buildings, grounds, and facilities. Public and-s~-private schools. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Type III employee housing units (EHU) as provided in Cehapter 13 of this Title. 12-6G-4: ACCESSORY USES.• The following accessory uses shall be permitted in the MDMF District: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Ssection 12-14-12 of this Title. Private greenhouses, tool sheds, playhouses, attached garages or carports, swimming pools, patios, or recreation facilities customarily incidental to permitted residential uses. Other uses customarily incidental and accessory to permitted or conditional • uses, and necessary for the operation thereof. 12-6H.• HIGHDENSITYMULTlPLE-FAMILY (hmMF) DISTRICT.• 12-6H-1: PURPOSE: The High Density Multiple Family District ~s~riet l5 intended to provide sites for multiple family dwellings at densities to a maximum of twenty five (2S) dwelling units per acre, together with such public and semipublic facilities and lodges, private recreation facilities and related visitor oriented uses as may appropriately be located in the same zone district. The High Density Multiple Family District ~~it~ net~~y +drst~tet is intended to ensure adequate light, air, open space, and other amenities commensurate with high density apartment, condominium and lodge uses, and to maintain the desirable residential and resort qualities of the zone district by establishing appropriate site development standards. Certain nonresidential uses are permitted as conditional uses, which relate to the nature of Yail as a winter and summer recreation and vacation community and, where permitted, are intended to blend harmoniously with the residential character of the zone district. 12-6H-2: PERMITTED USES: The following uses shall be permitted in the HDMF Ddistrict.• Lodges, including accessory eating, drinking, recreational or retail establishments, located within the principal use and not occupying more than ten percent (10%) of the total gross residential floor area (GRFA) of the main • structure or structures on the site; additional accessory dining areas may be located on an outdoor deck, porch, or terrace. 30 • Multiple family residential dwellings, including attached or row dwellings and condominium dwellings. Type IV employee housing units, as further regulated by Chapter 13 of this Title. 12-6H-3: CONDITIONAL USES.• The following conditional uses shall be permitted in the HDMF district, subject to issuance of a conditional use permit in accordance with the provisions of Cehapter 16 of this Ttitle: Bed and breakfasts as further regulated by Section 12-14-18 of this Title. f-Religious Institutions. Dog kennels. Funiculars, and other similar conveyances. Home child daycare facilities~+ as further regulated by Section 12-14-12 of this Title. Private clubs and civic, cultural and fraternal organizations. Private parking structures Private unstructured parking. Public buildings, grounds and facilities. r . z:.:.,,, ~~~:a Public and~r-private schools. Public park and recreation facilities. Public parking structures. Public transportation terminals. • Public unstructured parking. Public utility and public service uses. Ski lifts and tows. Timeshare estate units, fractional fee units and timeshare license units. Type III employee housing units (EHU) as provided in Cehapter 13 of this Ttitle. 12-6H-4: ACCESSORY USES.• The following accessory uses shall be permitted in the FIDMFDdistrict: Home occupations, subject to issuance of a home occupation pemut in accordance with the provisions of Saection 12-14-12 of this Title. 12-6I.• HOUSING (I1J DISTRICT.• 12-6I-1: PURPOSE: The Housing District heg ie# is intended to provide adequate sites for employee housing which, because of the nature and characteristics of employee housing, cannot be adequately regulated by the development standards prescribed for other residential zoning districts. It is necessary in this zone district to provide development standards specifically prescribed for each ~ development proposal or project to achieve the purposes prescribed in Section ' 12-1-2 of this Title and to provide for the public welfare. Certain nonresidential ~ uses are allowed as conditional uses, which are intended to be incidental and secondary to the residential uses of the district. The Housing District #ag is intended to ensure that employee housing permitted in the zone district is appropriately located and designed to meet the needs of residents of Yail, to harmonize with surrounding uses, and to ensure adequate light, air, open spaces, • and other amenities appropriate to the allowed types of uses. 12-6I-2.• PERMITTED USES: 31 • The following uses shall be permitted in the HDdistriet: Bicycle and pedestrian paths Deed restricted employee housing units, as further described in Cehapter 13 of this Ttitle. Passive outdoor recreation areas, and open space. ~.1. 12-6I-3: CONDITIONAL USES: The following conditional uses shall be permitted in the HDblistrict, subject to issuance of a conditional use permit in accordance with the provisions of Cehapter 16 of this Title: Commercial uses which are secondary and incidental (as determined by the Pplanning and Eenvironmental Ceommission) to the use of employee housing and specifically serving the needs of the residents of the development, and developed in conjunction with employee housing, in which case the following uses may be allowed subject to a conditional use permit.• Banks and financial institutions. Child daycare facilities. Eating and drinking establishments. Funiculars, and other similar conveyances. Health clubs. Personal services, including, but not limited to, Laundromats, beauty and barber shops, tailor shops, and similar services. Retail stores and establishments. • Dwelling units (not employee housing units) subject to the following criteria to be evaluated by the planning and environmental commission: A. Dwelling units are created solely for the purpose of subsidizing employee housing on the property, and B. Dwelling units are not the primary use of the property. The GRFA for dwelling units shall not exceed thirty percent (30%) of the total GRFA constructed on the property, and C. Dwelling units are only created in conjunction with employee housing, and D. Dwelling units are compatible with the proposed uses and buildings on the site and are compatible with buildings and uses on adjacent properties. Outdoor patios. Public and private schools r'; !.:'~s~ir~~a~e~re ~~es. Public buildings, ate-grounds and facilities. Public parks- and recreational facilities. Public utilities installations including transmission lines and appurtenant equipment. Type VI employee housing units, as further regulated by Cehapter 13 of this Title. 12-6I-4: ACCESSORY USES.• The following accessory uses shall be permitted in the HDdistrict: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Section 12-14-12 of this Title. • 12-61-11: DEVELOPMENTPLANREQUIRED: 32 • A. Compatibility With Intent: To ensure the unified development, the protection of the natural environment, the compatibility with the surrounding area and to assure that development in the Housing District #eu9,i~g diet will meet the intent of the zone district, an approved development plan shall be required. B. Plan Process And Procedures: The proposed development plan shall be in accordance with Section 12-6I-12 of this Article and shall be submitted by the developer to the Administraton~s~r who shall refer it to the Planning and Environmental Commission ~~-s~ i,.~.r~.?extc~l e~e;tsgis~, which shall consider the plan at a regularly scheduled meeting. C. Hearing: The public hearing before the Planning and Environmental Commission ,;;;~4~,t~,~s~rert shall be held in 0 accordance with Ssection 12-3-6 of this Title. The Planning and Environmental Commission p~,~„~~, b wren--erry~~„k,,,, may approve the application as submitted, approve the application with conditions or modifications, or deny the application. The decision of the Planning and Environmental Commission may be appealed to the Town Council ~e~-ee~enei~{ in accordance with Section 12-3-3 of this Title. D. Plan As Guide: The approved development plan shall be used as the principal guide for all development within the Housing District ~ red. E. Amendment Process: Amendments to the approved development plan will be considered in accordance with the provisions of Section 12-9A-10 of this Title. • F. Design Review Board Approval Required: The development plan and any subsequent amendments thereto shall require the approval of the Design Review Board d;-.~r~e~~ in accordance with the applicable provisions of Cehapter I1 of this Title prior to the commencement of site preparation. 12-6I-12: DEVELOPMENT PLAN CONTENTS: The Aa~dministrator shall establish the submittal requirements for a development plan application. A complete list of the submittal requirements shall be maintained by the Aadministrator and filed in the Dstepartment of Ceommunity Dblevelopment. Certain submittal requirements may be waived and/or modified by the Administrator and/or the reviewing body if it is demonstrated by the Applicant that the information and materials required are not relevant to the proposed development or applicable to the planning documents that comprise the Yail Comprehensive Plan.eamprehen:~::; e The Administratoradn~i~er and/or the reviewing body may require the submission of additional plans, drawings, specifications, samples and other materials if deemed necessary to ro erl p p y evaluate the ro osal. P P 12-6I-13: DEVELOPMENT STANDARDS/CRITERIA FOR EVAL UATION.• E. Environmental impacts resulting from the proposal have been identified in the project's Eenvironmental Itmpact R•report, if not waived, and all necessary mitigating measures are implemented as a part of the proposed development plan. • Section 24. Chapter 12-7 is hereby amended as follows: 33 c • 12-7A: PUBLIC ACCOMMODATIONSDISTRICT 12-7A-1: PURPOSE: The Public Accommodation District #eu'~g e~ is intended to provide sites for lodges and residential accommodations for visitors, together with such public and semipublic facilities and limited professional offices, medical facilities, private recreation, commercial/retail and related visitor oriented uses as may appropriately be located within the same zone district and compatible with adjacent land uses. The Public Accommodation Districtp~ie-,x~,.;>>~~~,~~xa~ie~r ~ is intended to ensure adequate light, air, open space, and other amenities commensurate with lodge uses, and to maintain the desirable resort qualities of the zone district by establishing appropriate site development standards. Additional nonresidential uses are permitted as conditional uses which enhance the nature of Yail as a vacation community, and where permitted uses are intended to function compatibly with the high density lodging character of the zone district. 12-7A-2: PERMITTED USES.• The following uses shall be permitted in the PA district: Lodges, including accessory eating, drinking, or retail establishments located within the principal use and not occupying more than ten percent (10%) of the total gross residential floor area of the main structure or structures on the site; additional accessory dining areas may be located on an outdoor deck, porch, or terrace. Type IV employee housing units, as further regulated by Chapter 13 of this • Title. 12-7A-3: CONDITIONAL USES: The following conditional uses shall be permitted in the PA Ddistrict, subject to issuance of a conditional use permit in accordance with the provisions of Cehapter 16 of this Title: Bed and breakfasts, as further regulated by Section 12-14-18 of this Title. Religious institutions r-~- Fractional fee club units as further regulated by Subsection 12-16-7A8 of this Title. xt~ ' ~,;~tite~s- Health care facilities. Lodges, including accessory eating, drinking, or retail establishments located within the principal use and occupying between ten percent (10%) and fifteen percent (1 S%) of the total gross residential floor area of the main structure or structures on the site. Major arcade , „ :~.a.h,~- ~ a~ i:-a~, Private clubs and civic, cultural and fraternal organizations. Private parking structures Private unstructured parking. Professional and business offices. Public buildings, grounds and facilities. Public parking structures. • ~ ~~rr~~rrl~b fs . Public and s~ private schools. Public parks and recreational facilities. 34 6 • Public transportation terminals. Public unstructured parking. Public utility and public service uses. Ski lifts and tows. Theaters and convention facilities. Type III employee housing units as provided in Cehapter 13 of this Title. 12-7A-4.• ACCESSORY USES: The following accessory uses shall be permitted in the PA Ddistrict: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Section 12-14-12 of this Title. Meeting rooms. Minor arcades. 12-7A-6: SETBACKS.• In the PA district, the minimum front setback shall be twenty feet (20), the minimum side setback shall be twenty feet (20), and the minimum rear setback shall be twenty feet (20). At the discretion of the Pplanning and Eenvironmental Ceommission and/or the Ddesign Rtreview Bboard, variations to the setback standards outlined above may be approved during the review of exterior alternations or modifications (Section 12-7A-12 of this Article) subject to the applicant demonstrating compliance with the following criteria: B. Proposed building setbacks comply with applicable elements of the Vail V~+illage Urban Ddesign Gguide Pplan and D~tesign Ceonsiderations. • 12-7A-8: DENSITY CONTROL: III Up to one hundred fifty (1 SO) square feet of gross residential floor area (GRFA) may be permitted for each one hundred (100) square feet of buildable site area. Final determination of allowable gross residential floor area shall be made by the Pplanning and Eenvironmental Ceommission in accordance with Ssection 12-7A-12 of this Aarticle. Specifically, in determining allowable gross residential floor area the Pplanning and Eenvironmental Ceommission shall make a finding that proposed gross residential floor area is in conformance with applicable elements of the Vail V~+illage Urban Ddesign Gguide Pplan and Design Ceonsiderations. Total density shall not exceed twenty five (25) dwelling units per acre of buildable site area. For the purposes of calculating density, employee housing units, accommodation units and fractional fee club units shall not be counted towards density. A dwelling unit in a multiple family building may include one attached accommodation unit no larger than one-third (1/3) of the total floor area of the dwelling. 12-7A-9: SITE COVERAGE: Site coverage shall not exceed sixty five percent (6S%) of the total site area. Final determination of allowable site coverage shall be made by the Pplanning and Eenvironmental Ceommission and/or the Ddesign Review Bboard in accordance with Ssection 12-7A-12 of this Aarticle. Specifically, in determining allowable site coverage the Pplanning and Eenvironmental Ceommission and/or • the Design Review Bboard shall make a finding that proposed site coverage is in conformance with applicable elements of the Vail V~+illage Urban Design Gguide Pplan and Design Ceonsiderations. 35 B • 12-7A-11: PARKING AND LOADING: Off street parking and loading shall be provided in accordance with Cehapter 10 of this Title. At least seventy five percent (75%) of the required parking shall be located within the main building or buildings and hidden from public view. No at grade or above grade surface parking or loading area shall be located in any required front setback area. Below grade underground structured parking and short term guest loading and drop off shall be permitted in the required front setback subject to the approval of the PPlanning and Eenvironmental Ceommission and/or the Design Review Board. 12-7A-12: EXTERIOR ALTERATIONS OR MODIFICATIONS: A. Review Required: The construction of a new building or the alteration of an existing building shall be reviewed by the Ddesign R~review Bboard in accordance with Cehapter 11 of this T~itde. However, any project which adds additional dwelling units, accommodation units, fractional fee club units, any project which adds more than one thousand (1,000) square feet of commercial floor area or common space, or any project which has substantial off site impacts (as determined by the Aadministrator) shall be reviewed by the PPlanning and Eenvironmental Ceommission as a major exterior alteration in accordance with this Cehapter and Section 12-3-6 of this Title. Complete applications for major exterior alterations shall be submitted in accordance with administrative schedules developed by the Ddepartment of Ceommuniry Development for PPlanning and Eenvironmental Ceommission and Design Review Board • review. The following submittal items are required: 1. Application: An application shall be made by the owner of the building or the building owner's authorized agent or representative on a form provided by the Aadministrator. Any application for condominiumized buildings shall be authorized by the condominium association in conformity with all pertinent requirements of the condominium association's declarations. 2. Application; Contents: The Aadministrator shall establish the submittal requirements for an exterior alteration or modification application. A complete list of the submittal requirements shall be maintained by the Aa~dministrator and filed in the Department of Ceommunity Ddevelopment. Certain submittal requirements may be waived and/or modified by the Aadministrator and/or the reviewing body if it is demonstrated by the applicant that the information and materials required are not relevant to the proposed development or applicable to the planning documents that comprise the Vail Ceomprehensive PPlan. The Aadministrator and/or the reviewing body may require the submission of additional plans, drawings, specifications, samples and other materials if deemed necessary to properly evaluate the proposal. 3. Work Sessions/Conceptual Review: If requested by either the applicant or the Aadministrator, submittals may proceed to a work session with the PPlanning and Eenvironmental Ceommission, a conceptual review with the Design Review Bboard, or a work session with the Town Ceouncil. 4. Hearing: The public hearing before the PPlanning and Eenvironmental Ceommission shall be held in accordance with Section 12-3-6 of this T,title. The PPlanning and Eenvironmental Ceommission may approve the application as • submitted, approve the application with conditions or modifications, or deny the application. The decision of the PPlanning and Eenvironmental Ceommission 36 tl • may be appealed to the Town Ceouncil in accordance with Section 12-3-3 of this Ttitle. 12-7A-13: COMPLIANCE BURDEN.• It shall be the burden of the applicant to prove by a preponderance of the evidence before the Planning and Eenvironmental Ceommission and the Dstesign Review Bboard that the proposed exterior alteration or new development is in compliance with the purposes of the Public Accommodation ~er~e District, that the proposal is consistent with applicable elements of the Vail V~+illage Mn4aster Plan, the Vail V~+illage Urban Design Ggttide Plan and the Yail S~treetscape Mn4aster Plan, and that the proposal does not otherwise have a significant negative effect on the character of the neighborhood, and that the proposal substantially complies with other applicable elements of the Yail Ceomprehensive PPlan. 12-7A-14: MITIGATION OF DEVELOPMENT IMPACTS: Property owners/developers shall also be responsible for mitigating direct impacts of their development on public infrastructure and in all cases mitigation shall bear a reasonable relation to the development impacts. Impacts may be determined based on reports prepared by qualified consultants. The extent of mitigation and public amenity improvements shall be balanced with the goals of redevelopment and will be determined by the Planning and Eenvironmental Ceommission in review of development projects and conditional use permits. Substantial off site impacts may include, but are not limited to, the following: • deed restricted employee housing, roadway improvements, pedestrian walkway improvements, streetscape improvements, stream tract/bank restoration, loading/delivery, public art improvements, and similar improvements. The intent of this Ssection is to only require mitigation for large scale redevelopment/development projects which produce substantial off site impacts 12-7B: COMMERCIAL CORE 1 (CCl) DISTRICT.• 12-7B-1: PURPOSE: The Commercial Core 1 District is intended to provide sites and to maintain the uni ue character o the Vail Vil e c r ' r la omme ctal a ea with its mixture o lod es q .f g f g and commercial establishments in a predominantly pedestrian environment. The Commercial Core 1 District is intended to ensure adequate light, air, open space, and other amenities appropriate to the permitted types of buildings and uses. The Zoning D'Is~riet regulations in accordance with the Yail Village Urban Design Guide Plan and Design Considerations prescribe site development standards that are intended to ensure the maintenance and preservation of the tightly clustered arrangements of buildings fronting on pedestrianways and public greenways, and to ensure continuation of the building scale and architectural qualities that distinguish the Village. 12-7B-2: PERMITTED AND CONDITIONAL USES; BASEMENT OR GARDEN LEVEL: A. Definition: The "basement" or "garden level" shall be defined as that jloor of a building that is entirely or substantially below grade. • B. Permitted Uses: The following uses shall be permitted in basement or garden levels within a structure: 1. Retail shops and establishments, including the following: 37 i e • Apparel stores. Art supply stores and galleries. Bakeries and confectioneries. Bookstores. Camera stores and photographic studios. Candy stores. Chinaware and glassware stores. Delicatessens and specialty food stores. Drugstores~~, Florists. Gift shopsste~es. Health foad stores. Hobby stores. Jewelry stores. Leather goods stores. Music and record stores. Newsstands and tobacco stores. Sporting goods stores. Stationery stores. Toy stores. Variety stores. Yardage and dry goods stores. Z. Personal services and repair shops, including the following: Bs~r~s#ep*s- • Beauty and barber shops. Commercial ski storage.. Small appliance repair shops. Tailors and dressmakers. Travel and ticket agencies. 3. Eating clnd drinking establishments, including the following: Bakeries and delicatessens with food service, restricted to preparation of products specifically for sale on the premises. Cocktail lounges and bars. Coffee shop. Fountains and sandwich shops. Restaurants. 4. Professional off ces, business offaces and studios. S. Banks and financial institutions. 6. Additional uses determined to be similar to permitted uses described in Ssubsection Bl through BS of this Section, in accordance with the provisions of Section 1 Z-3-4 of this Title so long as they do not encourage vehicular traffic. 7. Lodges. Type IV employee housing units, as further regulated by Chapter 13 of this Title. C. Conditional Uses: The following uses shall be permitted in basement or garden levels within a structure, subject to issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this Title: Electronics sales and repair shops Household appliance stores. Liquor stores. 38 e • Luggage stores. Major arcades. Meeting rooms. Multiple family dwellings~ke~rsireg. Outdoor patios. a:~ .~keps•: Theaters. 12-7B-3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET LEVEL: A. Definition: The "first floor" or "street level" shall be def ned as that floor of the building that is located at grade or street level. B. Permitted Uses: The following uses shall be permitted on the first floor or street level within a structure: 1. Retail stores and establishments, including the following.• Apparel stores. Art supply stores and galleries. Bakeries and confectioneries. Bookstores. Camera stores and photographic studios. Candy stores. Chinaware and glassware stores. Delicatessens and specialty food stores. Drugstore: ~ ~ ~ eieg. i • Florists. Gift shops. Hobby stores. Jewelry stores. Leather goods stores. Luggage stores. Music and record stores. Newsstands and tobacco stores. Sporting goods stores. Statione stores. r1' Toy stores. Travel and ticket agencies Variety stores. Yardage and dry goods stores. 2. Eating and drinking establishments, including the following: Bakeries and delicatessens with food service, restricted to preparation of products specifically for sale on the premises. Cocktail lounges and bars. Coffee shops. Fountains and sandwich shops. Restaurants. 3. Lodges. 4. Type IV employee housing units, as further regulated by Chapter 13 of this Title. 39 e • S~. Additional uses determined to be similar to permitted uses described in Ssubsection Bl and B2 of this Section, in accordance with the provisions of Section 12-3-4 of this Title so long as they do not encourage vehicular traffic. C. Conditional Uses: The following uses shall be permitted on the first floor or street level floor within a structure, subject to issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this Title: Banks and financial institutions. Beauty and barber shops: Electronics sales and repair shops. Household appliance stores. Liquor stores. Outdoor patios. 12-7B-4: PERMITTED AND CONDITIONAL USES• SECOND FLOOR: A. Permitted Uses; Exception: The following uses shall be permitted on the second floor above grade within a structure; provided, however, that a conditional use permit will be required in accordance with Chapter 16 of this Title for any use which eliminates any existing dwelling or accommodation unit or any portion thereof 1. Multiple family residential dwelling. 2. Lodges. 3. Professional offices, business offices and studios. • 4. Banks and financial institutions. S. Personal services and repair shops, including the following: $Errbes. Beauty and barber shops. Business and office services. Tailors and dressmakers. Travel and ticket agencies. 6. Retail stores and establishments, including the following: Apparel stores. Art supply stores and galleries. Bakeries and confectioneries. Bookstores. Camera stores and photographic studios. Candy stores. Chinaware and glassware stores. Delicatessens and specialty food stores. Drugstoresl~ x,~„~.~eres. Florists. Gift shops. Hobby stores. Jewelry stores. Leather goods stores. Music and record stores. Newsstands and tobacco stores. • Photographic studios. Sporting goods stores. Toy stores. ao e . Variety stores. Yardage and dry goods stores. 7. Eating and drinking establishments, including the following: Bakeries and delicatessens with food service, restricted to preparation of products specifically for sale on the premises. Cocktail lounges and bars. Coffee shops. Fountains and sandwich shops. Restaurants. 8. Type IV employee housing units, as further regulated by Chapter l3 of this ~ Title. B. Conditional Uses: The following uses shall be permitted on second floors above grade, subject to the issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this Title: Dog kennel. Electronics sales and repair shops. Household appliance stores. Liquor stores. Luggage stores. Meeting rooms. Outdoor patios. Theaters. Type III employee housing units (EHU) as provided in Chapter 13 of this Title. ~ • 12-7B-5: PERMITTED AND CONDITIONAL USES; ABOVE SECOND FLOOR: A. Permitted Uses: The following uses shall be permitted on any floor above the second floor above grade: Lodges. Multiple family residential dwellings. Type IV employee housing units, as further regulated by Chapter 13 of this Title. B. Conditional Uses: The following uses shall be permitted on any floor above the second floor above grade, subject to the issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this Title. Any permitted or conditional use which eliminates any existing dwelling or accommodation unit, or any portion thereof, shall require a conditional use permit. Such uses may include: 1. Retail stores and establishments, including the following: Apparel stores. Art supply stores and galleries. Bakeries and confectioneries. Bookstores. Camera stores and photographic studios. Chinaware and glassware stores. Delicatessens and specialty food stores. Drugstores. Electronics sales and repair shops. • Florists. Gift shops. Hobby stores. 41 B • • Jewelry stores. Leather goods stores. Liquor stores. . Luggage stores. Music and record stores. Newsstands and tobacco stores. Photographic studios. Sporting good stores. Stationery stores. Toy stores. Variety stores. Yardage and dry goods stores. 2. Eating and drinking establishments, including the following: Bakeries and delicatessens with food service, restricted to preparation of products specifically for sale on the premises. Cocktail lounges and bars. Coffee shops. Fountains and sandwich shops. Restaurants. 3. Professional offices, business offices and studios. 4. Banks and financial institutions. S. Personal services and repair shops, including the following.• s ,ie~ • Beauty and barber shops. Business and office services. Small appliance repair shops. Tailors and dressmakers. Travel and ticket agencies. 6. Theaters. 7. Additional uses determined to be similar to permitted uses described in Subsections Bl through BS of this Section in accordance with the provisions of Section 12-3-4 of this Title, so long as they do not encourage vehicular traffic. 8. Type Ill employee housing units (EHU) as provided in Cehapter 13 of this Title. 12-7B-6: CONDITIONAL USES; GENERALLY.• The following uses shall be permitted, subject to the issuance of a conditional use permit in accordance with the provisions of Cehapter 16 of this Title: Bed and breakfasts as further regulated by Section 12-14-18 of this Title. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. 12-78-7.• EXTERIOR ALTERATIONS OR MODIFICATIONS: A. Subject To Review: The construction of a new building, the alteration of • an existing building which adds or removes any enclosed floor area, the alteration of an existing building which modifies exterior rooflines, the replacement of an existing building, the addition of a new outdoor dining deck or 42 B • the modification of an existing outdoor dining deck shall be subject to review by the Pplanning and Eenvironmental Ceommission (PEC) as follows: 1. Application.• An application shall be made by the owner of the building or the building owner's authorized agent or representative on a form provided by the Aedministrator. Any application for condominiumized buildings shall be authorized by the condominium association in conformity with all pertinent requirements of the condominium association's declarations. 2. Application; Contents: The Aadministrator shall establish the submittal requirements for an exterior alteration or modification application. A complete list of the submittal requirements shall be maintained by the Aadministrator and filed in the Ddepartment of Ceommunity Ddevelopment. Certain submittal requirements may be waived and/or modified by the Aadministrator and/or the reviewing body if it is demonstrated by the applicant that the information and materials required are not relevant to the proposed development or applicable to the planning documents that comprise the Yail Ceomprehensive Pplan. The Asdministrator and/or the reviewing body may require the submission of additional plans, drawings, specifications, samples and other materials if deemed necessary to properly evaluate the proposal. 3. Application Date And Procedures: Complete applications for major exterior alterations shall be submitted biannually on or before the fourth Monday of February or the fourth Monday of September. Submittal requirements shall include all information in Ssubsection A2 of this Ssection; provided, however, that the architectural or massing model shall be submitted no later than three (3) weeks prior to the first formal public hearing of the Pplanning and • Eenvironmental Ceommission. No public hearings or work sessions shall be scheduled regarding exterior alterations prior to the biannual submittal date deadlines. At the next regularly scheduled Pplanning and Eenvironmental Ceommission meeting following the submittal dates listed above, the Asdministrator shall inform the Pplanning and Eenvironmental Ceommission of adl exterior alteration submittals. The Aadministrator shall commence with the review of exterior alterations following this initial Pplanning and Eenvironmental Ceommission meeting. b. Notwithstanding the foregoing, applications for the alteration of an existing building which adds or removes any enclosed floor area of not more than one hundred (100) square feet, applications to alter the exterior rooflines of an existing building, applications for new outdoor dining decks and applications for modifications to existing dining decks may be submitted on a designated submittal date for any regularly scheduled Pplanning and Eenvironmental Ceommission meeting. Said applications shall be termed a "minor exterior alteration". The review procedures for a minor exterior alteration shall be as outlined in this Section. All enclosed floor area for an expansion or deletion pursuant to this Subsection A3b shall be physically and structurally part of an existing or new building and shall not be a freestanding structure. c. A single property owner may submit an exterior alteration proposal which removes or encloses floor area of one hundred (100) square feet or less on a designated submittal date and will be reviewed by the Pplanning and Eenvironmental Ceommission at any of its regularly scheduled meetings. 4. Work Sessions.• If requested by either the applicant or the Aa~dministrator, • submittals shall proceed to a work session with the Pplanning and Eenvironmental Ceommission. The Aedministrator shall schedule the work session at a regularly scheduled Pplanning and Eenvironmental Ceommission 43 . meeting and shall cause notice of the hearing to be sent to all adjacent property owners in accordance with Subsection 12-3-6C of this Title. Following the work session, and the submittal of any additional material that may be required, the Asdministrator shall schedule a formal public hearing before the Pplanning and Eenvironmental Ceommission in accordance with Subsection 12-3-tiC of this Title. S. Hearing: The public hearing before the Pplanning and Eenvironmental Ceommission shall be held in accordance with Section 12-3-6 of this Title. The Pplanning and Eenvironmental Ceommission may approve the application as submitted, approve the application with conditions or modifications, or deny the application. The decision of the Pplanning and Eenvironmental Ceommission may be appealed to the Ttown Ceouncil in accordance with Section 12-3-3 of this Title. 6. Compliance With Comprehensive Applicable Plans: It shall be the burden of the applicant to prove by a preponderance of the evidence before the Pplanning and Eenvironmental Ceommission that the proposed exterior alteration is in compliance with the purposes of the CCI District as specified in Section 12- 7E-1 of this Article; that the proposal is consistent with applicable elements of the Vail i~~+illage Master Pplan, the Town of Vail Sstreetscape Mrnaster Pplan, and the Yail Coomprehensive Pplan; and that the proposal does not otherwise negatively alter the character of the neighborhood. Further, that the proposal substantially complies with the Yail i~~village Urban Ddesign Gguide Pplan and the Vail V~+illage Design Ceonsiderations, to include, but not be limited to, the following urban design considerations: pedestrianization, • vehicular penetration, streetscape framework, street enclosure, street edge, building height, views, service/delivery and sunshade analysis; and that the proposal substantially complies with all other elements of the Yail Coompeehensive Pplan. 8. Lapse Of Approval: Approval of a major or minor exterior alteration as prescribed by this Cehapter shall lapse and become void two (2) years following the date of approval of the major or minor exterior alteration by the Pplanning and Eenvironmental Ceommission unless, prior to the expiration, a building permit is issued and construction is commenced and diligently pursued to completion. 9. Design Review Board Review.• Any modification or change to the exterior facade of a building or to a site within the CCI District shall be reviewed by the Design Review Bboard in accordance with Cehapter 11 of this Title. B. Compliance Burden: It shall be the burden of the applicant to prove by a preponderance of the evidence before the Design Review Board that the proposed building modification is in compliance with the purposes of the CCl District as specified in Section 12-7B-1 of this Aarticle; that the proposal substantially complies with the Vail Village Design Ceonsiderations, and that the proposal does not otherwise alter the character of the neighborhood. 12-7B-8: CONDITIONAL USES; FACTORSAPPLICABLE.• In considering, in accordance with Cehapter 16 of this Title, an application for a conditional use permit within Ceommercial Ceore 1 District, the following development factors shall be applicable: • A. Effects of vehicular traffic on Ceommercial Ceore 1 District. B. Reduction of vehicular traf~ j`ic in Ceommercial Ceore 1 Ddistrict. B • F. Continuance of the various commercial, residential, and public uses in Coommercial Ceore 1 Ddistrict so as to maintain the existing character of the area. G. Control quality of construction, architectural design, and landscape design in Ceommercial Ceore 1 Ddistrict so as to maintain the existing character of the area. H. Effects of noise, odor, dust, smoke, and other factors on the environment of Coommercial Ceore 1 District. 12-7B-9: ACCESSORY USES: The following accessory uses shall be permitted in the CCl District: 12-7B-I1: SETBACKS:• There shall be no required setbacks, except as may be established pursuant to the Yail Village Design Gguide Plan and Design Ceonsiderations. 12-7B-12: HEIGHT.• Height shall be as regulated in the Yail Village Urban Design Gguide Pplan and Dbfesign Ceonsiderations. 12-7B-13: DENSITY CONTROL: Unless otherwise provided in the Yail V~+illage Urban Design Gguide Plan, not more than eighty (80) square feet of gross residential floor area (GRFA) shall be permitted for each one hundred (100) square feet of buildable site area. Total density shall not exceed twenty five (2S) dwelling units per acre of • buildable site area. Each accommodation unit shall be counted as one-half (1/2) of a dwelling unit for purposes of calculating allowable units per acre. A dwelling unit in a multiple family building may include one attached accommodation unit no larger than one-third (1/3) of the total floor area of the dwelling. 12-78-14: RECONSTRUCTION OF EXISTING USES; GENERALLY.• If any building or structure located within Commercial Core ea~rrne~ei~sl-eere 1 District on June 1, 1978, is subsequently destroyed by fire or other casualty to the degree provided in Section 12-18-9 of this Title, that structure or building may be reconstructed to the same or substantially the same size, dimensions, lot coverage, and height in accordance with the procedures outlined in Section 12- 18-9 of this Title, so long as the appearance of the building or structure is the same or substantially the same as existed prior to its destruction. 12-?B-1 S: SITE COVERAGE: Site coverage shall not exceed eighty percent (80%) of the total site area, unless otherwise specified in the Vail Village Urban Ddesign Gguide Pplan and Design Ceonsiderations. In Commercial Core District 1 a~rst~iet, ground level patios and decks shall be included in site coverage calculations. 12-7B-16: LANDSCAPING AND SITE DEVELOPMENT.• No reduction in landscape area shall be permitted without sufficient cause shown by the applicant or as specified in the Yail Y~village Design Ceonsiderations as adopted in Ssection 12-7B-20 of this A~rtiele. 45 i • 12-7B-17: PARKING AND LOADING: O~`'street parking and loading shall be provided in accordance with Cehapter 10 of this title; provided, that no parking shall be provided on site. All parking requirements shall be met in accordance with the provisions of Cehapter 10 of this Ttitle. Loading requirements shall continue to be applicable to properties within Commercial Core 1 District e~~~ereial--ear°~t; L;1ed; provided that no loading areas shall be located in any required front setback area. 12-7B-19: RECONSTRUCTION OF EXISTING USES,• COMPLL9NCE REQUIRED: Any building or structure located within Commercial Core .;3„~,,~~,~~„~.~ee~re 1 District atet may be reconstructed to the same or substantially the same enclosed floor area in accordance with the procedures outlined in Section 12- 18-9 of this Title. The building, however, shall substantially comply with the applicable provisions of the Vail Village Urban Ddesign Gguide Pplan and D+design Ceonsiderations. 12-7B-20: VAIL VILLAGE URBANDESIGNGUIDEPLAN.• A. Adoption: The Yail Village Uerrban Design Gguide Pplan and Ddesign Ceonsiderations are adopted for the purposes of maintaining and preserving the character and vitality of the Yail V~+illage (CCI) and to guide the future alteration, change and improvement in the CCl District. Copies of the Vail V~+illage Ddesign Gguide Pplan and Dalesign Ceonsiderations shall be on file in the Ddepartment of Ceommunity Ddevelopment. ~ • B. Revisions: Revisions to the Vail V~+illage Urban Design Gguide Pplan and Design Ceonsiderations shall be reviewed by the Pplanning and Eenvironmental Ceommission with o, fficial action to be taken by the Town Ceouncil by resolution on a semiannual basis to ensure that the plan reflects the purposes and intent for which it has been adopted. The review and action shall take place within thirty (30) days following the public hearing on the applications. 12-7C: COMMERCIAL CORE 2 (CC2) DISTRICT.• 12-7C-1: PURPOSE: The Commercial Core L ~ ~,~„~e,eare 2 District drs~riet is intended to provide sites for a mixture of multiple dwellings, lodges and commercial establishments in a clustered, unified development. Commercial Core _'.,,~eerie 2 District diet in accordance with the Yail V~+illage U~rrban Ddesign Gguide Pplan and Ddesign Ceonsiderations, as adopted in Soection 12-7C-IS of this Aarticle is intended to ensure adequate light, air, open space and other amenities appropriate to the permitted types of building and uses and to maintain the desirable qualities of the zone district by establishing appropriate site development standards. 12-7C-2.• REQUIREMENTS FOR ESTABLISHMENT; DEVELOPMENT PLAN.• A. Review Required: Prior to the establishment of any Commercial Core £ ~„~„~~~e 2 District met or enlargement of any existing Commercial • Core eamrr~er~eeie~eet~ 2 District ~ by change of zone district boundaries, the Town Ceouncil shall by resolution adopt a general development plan for the proposed zone district. The general development plan may be prepared by an 46 • applicant for the establishment of such zone district or may be prepared by the Town. The development plan shall be submitted to the Pplanning and Eenvironmental Ceommission for review, and the Pplanning and Eenvironmental Ceommission shall submit its findings and recommendations on the plan to the Ttown Ceouncil. B. Development Plan Content: The Aadministrator shall establish the submittal requirements for a development plan application. A complete list of the submittal requirements shall be maintained by the Asdministrator and filed in the Ddepartment of Ceommunity Ddevelopment. Certain submittal requirements may be waived and/or modified by the Asdministrator and/or the reviewing body if it is demonstrated by the applicant that the information and materials required are not relevant to the proposed development or applicable to the planning documents that comprise the Yail Ceomprehensive Pplan. The Administrator and/or the reviewing body may require the submission of additional plans, drawings, specifications, samples and other materials if deemed necessary to properly evaluate the ro osal. P P C. Plan Used As Guide: The development plan shall be used as a guide for the subsequent development of sites and the design and location of buildings and grounds within the zone district. All plans subsequently approved by the Da~esign R,~eview Board in accordance with Cehapter 11 of this Title, shall substantially conform to ~h the development plan adopted by the Town Ceouncil. 12-7C-3: PERMITTED AND CONDITIONAL USES: • In the CC2 District ~ permitted and conditional uses for specific floors shall be the same as those permitted in the Commercial Core 1 District ~ as prescribed by Sections 12-7B-2 through 12-7B-S of this Cehapter. Retail stores and establishments shall not occupy more than eight thousand (8,000) square feet offloor area. 12-7C-4: CONDITIONAL USES; GENERALLY.• The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of Cehapter 16 of this Ttitle: Bed and breakfasts as further regulated by Section 12-14-18 of this Title. Brew pubs. Commercial storage. Laudromats Public buildings, grounds, and facilities. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Television stations. Theaters, meeting rooms and convention facilities. 12-7C-S: EXTERIOR ALTERATIONS OR MODIFICATIONS: A. Review Required: The construction of a new building, the alteration of • an existing building which adds or removes any enclosed floor area, the alteration of an existing building which modifies exterior rooflines, the replacement of an existing building, the addition of a new outdoor dining deck or a~ • the modification of an existing outdoor dining deck shall be subject to review by the Pplanning and Eenvironmental Ceommission (PEC) as follows: 1. Application: An application shall be made by the owner of the building or the building owner's authorized agent or representative on a form provided by the Aadministrator. Any application for condominiumized buildings shall be authorized by the condominium association in conformity with all pertinent requirements of the condominium association's declarations. 2. Application; Contents: The Aadministrator shall establish the submittal requirements for an exterior alteration or mod cation application. A complete list of the submittal requirements shall be maintained by the Aadministrator and filed in the Department of Ceommunity Ddevelopment. Certain submittal requirements may be waived and/or modified by the Aadministrator and/or the reviewing body if it is demonstrated by the applicant that the information and materials required are not relevant to the proposed development or applicable to the planning documents that comprise the Yail Ceomprehensive Pplan. The Aadministrator and/or the reviewing body may require the submission of additional plans, drawings, specifications, samples and other materials if deemed necessary to properly evaluate the proposal. 3. Application Date And Procedures.• Complete applications for major exterior alterations shall be submitted biannually on or before the fourth Monday of February or the fourth Monday of September. Submittal requirements shall include all information in Seubsection A2 of this Section; provided, however, that the architectural or massing model shall be submitted no later than three (3) weeks prior to the first formal public hearing of the Pplanning and • Eenvironmental Ceommission. No public hearings or work sessions shall be scheduled regarding exterior alterations prior to the biannual submittal date deadlines. At the next regularly scheduled Pplanning and Eenvironmental Ceommission meeting ,following the submittal dates listed above, the Aadministrator shall inform the Pplanning and Eenvironmental Ceommission of all exterior alteration submittals. The Aadministrator shall commence with the review of exterior alterations following this initial Pplanning and Eenvironmental Ceommission meeting. c. A single property owner may submit an exterior alteration proposal which removes or encloses jloor area of one hundred (100) square feet or less on a designated submittal date and will be reviewed by the Pplanning and Eenvironmental Ceommission at any of its regularly scheduled meetings. 4. Work Sessions: If requested by either the applicant or the Aadministrator, all submittals shall proceed to a work session with the Pplanning and Eenvironmental Ceommission. The Aadministrator shall schedule the work session at a regularly scheduled Pplanning and Eenvironmental Ceommission meeting and shall cause notice of the hearing to be sent to all adjacent property owners in accordance with Subsection 12-3-6C of this Title. Following the work session, and the submittal of any additional material that may be required, the Aadministrator shall schedule a formal public hearing before the Pplanning and Eenvironmental Ceommission in accordance with Subsection 12-3-6C of this Title. S. Hearing: The public hearing before the Pplanning and Eenvironmental Ceommission shall be held in accordance with Ssection 12-3-6 of this Title. The • Pplanning and Eenvironmental Ceommission may approve the application as submitted, approve the application with conditions or modifications, or deny the application. The decision of the Pplanning and Eenvironmental Ceommission 48 e . may be appealed to the Town Ceouncil in accordance with Seection 12-3-3 of this Title. 6. Compliance With Applicable Comprehensive Plans: It shall be the burden of the applicant to prove by a preponderance of the evidence before the Pplanning and Eenvironmental Ceommission that the proposed exterior alteration is in compliance with the purposes of the CC2 Iklistrict as specified in Ssection 12- 7C-i of this Aarticle, that the proposal is consistent with applicable elements of the Yail V~+illage Urban Ddesign Gguide Pplan and the Yail Village Da~esign Ceonsiderations, and that the proposal does not otherwise negatively alter the character of the neighborhood; and that the proposal substantially complies with all other applicable elements of the Yail Coomprehensive Pplan. 8. Lapse Of Approval: Approval of a major or minor exterior alteration as prescribed by this Aarticle shall lapse and become void two (2) years following the date of approval of the major or minor exterior alteration by the Pplanning and Eenvironmental Ceommission unless, prior to the expiration, a building permit is issued and construction is commenced and diligently pursued to completion. 9. Design Review Board Review: Any modification or change to the exterior facade of a building or to a site within the CC2 Ds~istrict shall be reviewed by the Ddesign Review Bboard in accordance with Cehapter 11 of this title. B. Compliance Burden: It shall be the burden of the applicant to prove by a preponderance of the evidence before the Ddesign Review Bboard that the proposed building modification is in compliance with the purposes of the CC2 Ddistrict as specified in Ssection 12-7C-1 of this Article; that the proposal • substantially complies with the Yail V~+illage Ddesign Ceonsiderations or that the proposal does not otherwise alter the character of the neighborhood. 12-7C-6.• ACCESSORY USES.• The following accessory uses shall be permitted in the CC2 Ddistrict: 12-7C-8: SETBACKS: In the CC2 district the minimum front setback shall be ten (1 D) feet the minimum side setback shall be ten (10) feet and the minimum rear setback shall be ten (10) feet unless otherwise specified in the Vail V~+illage Urban Ddesign Gguide Pplan and Dblesign Ceonsiderations. 12-7C-9: HEIGHT.• For a flat roof or mansard roo• f, the height of buildings shall not exceed forty five (45) feet For a sloping roof, the height of buildings shall not exceed forty eight (48) feet {4S}. These restrictions pertain unless otherwise specified by the Yail Village Urban Ddesign Gguide Pplan and Urban Dstesign Ceonsiderations. 12-7C-10: DENSITY CONTROL: Unless otherwise specified in the Vail V~+idlage Urban Design Gguide Pplan, not more than eighty (80) square feet of gross residential floor area (GRFA) shall be permitted for each one hundred (100) square feet of buildable site area. Total density shall not exceed twenty five (25) dwelling units per acre of buildable site area. Each accommodation unit shall be counted as one-half (1/2) of a dwelling unit for purposes of calculating allowable units per acre. A dwelling unit in a multiple family building may include one attached 49 • accommodation unit no larger than one-third (1/3) of the total floor area of the dwelling. 12-7C-11: SITE COVERAGE: Site coverage shall not exceed seventy percent (70%) of the total site area, unless otherwise specified in the Yail V~+illage Urban Ddesign Gguide Plan and Da~esign Ceonsiderations. 12-7C-12: LANDSCAPING AND SITE DEVELOPMENT.' At least twenty percent (20%) of the total site area shall be landscaped unless otherwise specified in the Yail Y~illage U~trban Ds~esign Gguide Pplan and Ddesign Ceonsiderations. 12-7C-15.' VAIL VILLAGE URBAN DESIGN GUIDE PLAN AND DESIGN CONSIDERATIONS.• A. Adoption: The Yail Village Urban Ddesign Gguide Pplan and Ddesign Ceonsiderations are adopted for the purpose of maintaining and preserving the character and vitality of Vail village (CC2) and to guide the future alterations, change and improvement in the CC2 Ddistrict. Copies of the Vail Village U~erban Ddesign Gguide Pplan and Ddesign Ceonsiderations shall be on file in the Ddepartment of Ceommunity D~ievelopment. B. Revisions: Revisions to the Yail Village U~erban Ddesign Gguide Plan and Ddesign Ceonsiderations shall be reviewed by the Pplanning and Eenvironmental Ceommission with official action to be taken by the Town • Ceouncil by resolution on a semiannual basis to ensure that the plan reflects the purposes and intent for which it has been adopted. The review and action shall take place wathtn thirty (30) days following the public hearing on the applications. 12-7D: COMMERCIAL CORE 3 (CC3} DISTRICT 12-?D-1: PERMITTED USES: The following uses shall be permitted in the Commercial Core ti~~~ti~s~~.•~~i.'-ee~e 3 District ~s~rreE: Banks and financial institutions. Eating and drinking establishments, including the following: Cocktail lounged and bars. Coffee shops. Fountain and sandwich shops. Restaurants. Health clubs. Personal services and repair shops, including the following.• ersheps- ~1~- Beauty and barber shops. Business and officer services. Cleaning and laundry pick-up agencies without bulk cleaning or dyeing. ~6fi14-by ~~i s,~ a Laudromats • Shoe repair. Small appliance repair shops, excluding furniture repair. Tailors and dressmakers. 50 6 • Travel and ticket agencies. Professional offices, business offices and studios. Retail stores and establishments without limit as to floor area including the following: Apparel stores. Art supply stores and galleries. Auto parts stores. Bakeries and confectioneries, preparation of products for sate on the premises. Bookstores. Building materials stores without outdoor storage. Camera stores and photographic studios. Candy stores. Chinaware and glassware stores. Delicatessens and specialty food stores. Department and general merchandise stores. DrugstorespTe.x, pies. Etectronics sales and repair shops Florists. Food stores. Furniture stores. Giftshops~~,~, ~s. Hardware stores. Health food stores. Hobby stores. • Household appliance stores. Jewelry stores. Leather goods stores. Liquor stores. Music and record stores. Newsstands and tobacco stores. Pho#ographic studios. Radio and television broadcasting studios. Sporting goods stores. Stationery stores. Supermarkets. Type IV employee housing units, as further regulated by Chapter I3 of this Title. Toy stores. Variety stores. Yardage and dry goods stores. Additional o,Jfices, business, or services determined to be similar to permitted uses in accordance with the provisions of this Section. 12-7D-2: CONDITIONAL USES: The following conditional uses shall be permitted in the Commercial Core L„a~+>~rreie~ee~e 3 District~sH~, subject to issuance of a conditional use permit in accord with the provisions of Cehapter 16 of this T~itle.• Any use permitted by Section 12-7D-1 of this A~rticte which is not conducted • entirely within a building. Bed and breakfasts as further regulated by Section 12-14-18 of this Title. si P • Brew pubs. Child daycare center. Commercial laundry and cleaning services, bulk plant. Commercial storage. Dog kennel. Drive up facilities. Major arcades. Massage parlors. Outside car wash. Pet shops. Public buildings, grounds, and facilities. Public park and recreation facilities. Public utility and public service uses. Radio and television signal relay transmission facilities. Theaters, meeting rooms, and convention facilities. Transportation businesses. Type Ill employee housing units (EHU) as provided in Cehapter 13 of this Title. 12-7D-3: ACCESSORY USES.• The following accessory uses shall be permitted in the Commercial Core ee.~.,~?,;,~~„i,~,ee~ 3 District a~~.,"~.,~,;t: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions ofSsection 12-14-12 of this Ttitle. Minor arcades. • Swimming pools, tennis courts, patios, or other recreation facilities customarily incidental to conditional residential. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 12-7D-S: SETBACKS:• In the Commercial Core eernrn~ 3 District the setback shall be twenty feet (20) on all exterior boundaries of the zone district. 12-7E: COMMERCIAL SERVICE CENTER (CSC) DISTRICT 12-7E-1: PURPOSE.• The Commercial Service Center District is intended to provide sites for general shopping and commercial facilities serving the Town, together with limited multiple family dwelling and lodge uses as may be appropriate without interfering with the basic commercial functions of the zone district The Commercial Service Center District is intended to ensure adequate light, air, open space, and other amenities appropriate to permitted types of buildings and uses, and to maintain a convenient shopping center environment for permitted commercial uses. 12-7E-2: REQUIREMENTSFOR ESTABLISHMENT; DEVELOPMENT PLAN.• A. Review Required.' Prior to the establishment of any Commercial Service Center ~ ~ Q~ter District ~ or enlargement of zone district boundaries, the Town Ceouncil shall by resolution adopt a general development • plan for the proposed zone district. The development plan may be prepared by an applicant for the establishment of the zone district or may be prepared by the T•Eown. The development plan shall be submitted to the Pplanning and sz ff Eenvironmental Ceommission for review, and the Pplanning and Eenvironmental Ceommission shall submit its findings and recommendations on the plan to the Ttown Ceouncil. B. Plan Content: The Aadministrator shall establish the submittal requirements for a development plan application. A complete list of the submittal requirements shalt be maintained by the Aadministrator and filed in the Ddepartment of Ceommunity Ddevelopment. Certain submittal requirements may be waived and/or modified by the administrator and/or the reviewing body if it is demonstrated by the applicant that the information and materials required are not relevant to the proposed development or applicable to the planning documents that comprise the Yail Ceomprehensive Pplan. The Aadministrator and/or the reviewing body may require the submission of additional plans, drawings, specifications, samples and other materials if deemed necessary to properly evaluate the proposal. C. Plan To Be Guide: The development plan shall be used as a guide for the subsequent development of sites and the design and location of buildings and grounds within the zone district. All plans subsequently approved by the Ddesign Review Board in accordance with Cehapter 11 of this Title shall substantially conform to the development plan adopted by the Town Ceouncil. 12-7E-3: PERMITTED USES: The following uses shall be permitted in the CSC District: Banks and financial institutions. Eating and drinking establishments, including the following: Bakeries and delicatessens with food service. • Cocktail lounges t,s; and bars. Coffee shops. Fountains and sandwich shops. Restaurants. Personal services and repair shops, including the following.• ~bersbelHS. Beauty and barber shops. Business and office services. Cleaning and laundry pick up agencies without bulk cleaning or dyeing. l', r. 511. Laudromats Small appliance repair shops, excluding furniture repair. Tailors and dressmakers. Travet and ticket agencies. Professional offices, business offices and studios. Retail stores and establishments without limit as to floor area including the fallowing: Apparel stores. Art supply stores and galleries. Bakeries and confectioneries, including preparation of products for sale on the premises. Bookstores. Building materials stores without outdoor storage. Camera stores and photographic studios. • Candy stores. Chinaware and glassware stores. 53 e • Delicatessens and specialty food stores. Department and general merchandise stores. Drugstores-s#s~seies. Electronics sales and repair shops Florists. Food stores. Furniture stores. Gift shops,t~,-,;,. Hardware stores. Hobby stores. Household appliance stores. Jewelry stores. Leather goods stores. Liquor stores. Luggage stores. Music and record stores. Newsstands and tobacco stores. Pet shops. Photographic studios. Radio and television broadcasting studios. s,t~ . ~.~s,~r~repa~-gl~eps- Sporting goods stores. Stationery stores. Supermarkets. • Toy stores. Variety stores. Yardage and dry goods stores. Additional ofjfces, businesses, or services determined to be similar to permitted uses in accordance with the provisions of Section 12-7E-2 of this Aarticle. 12-7E-4: CONDITIONAL USES: The following conditional uses shall be permitted in the CSC Ddistrict, subject to issuance of a conditional use permit in accordance with the provisions of Cehapter 16 of this Title: Any use permitted by Ssection 12-7E-3 of this Article, which is not conducted entirely within a building. Bed and breakfasts as further regulated by Section 12-14-18 of this Title. Child daycare centers. Dog kennels. Major arcades. Multiple family residential dwellings and lodges. Outdoor operation of the accessory uses as set forth in Section 12-7E-5_of this Article. Private parking structures. Private unstructured parking. Type III employee housing units (EHU) as provided in Cehapter 13 of this Title. • 12-7E-5: ACCESSORY USES: The following accessory uses shall be permitted in the CSC Ddistrict: sa e • Home occupations, subject to issuance of a home occupation permit in accordance with the provisions ofS~ection 12-14-12 of this Title. Minor arcades. Swimming pools, tennis courts, patios, or other recreation facilities customarily incidental to conditional residential or lodge uses. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 12-7E-7.• SETBACKS:• ' In the CSC Ddistrict, the minimum front setback shall be twenty feet (20), the minimum side setback shall be twenty feet (20), and the minimum rear setback shall be twenty feet (20). 12-7F.• ARTERIAL BUSINESS (ABD) DISTRICT 12-7F-1: PURPOSE: The Arterial Business District ~ is intended to provide sites for offtce space, public utilities, service stations, limited light industry having no adverse environmental impacts that provides significant on site tourist amenities and limited shopping and commercial facilities serving the Town and Upper Eagle Valley residents and guests. Multiple family dwellings for use as employee housing will be appropriate under speck circumstances. The Arterial Business a~n~es~ District ~ is intended to ensure adequate light, air, open space, and other amenities appropriate to permitted and conditional types of buildings and uses, and to maintain a convenient (limited) shopping, • business, service, and residential environment. 12-7F-2: GENERAL CIRCULATIONAND ACCESS PLAN.• A. Plan Required: Prior to any Design Review Bboard approval for a building in the Arterial Business District or enlargement of an existing Arterial Business District by change of zone district boundaries the 1°planning and Eenvironmental Ceommission shall adopt a general circulation and access plan for the proposed zone district. B. Plan Content: The Aa~dministrator shall establish the submittal requirements for a general circulation and access plan application. A complete list of the submittal requirements shall be maintained by the Aadministrator and filed in the Department of Ceommunity Ddevelopment. Certain submittal requirements may be waived and/or modified by the Administrator and/or the reviewing body if it is demonstrated by the applicant that the information and materials required are not relevant to the proposed development or applicable to the planning documents that comprise the Yail Ceomprehensive Pplan. The Aadministrator and/or the reviewing body may require the submission of additional plans, drawings, specifications, samples and other materials if• deemed necessary to properly evaluate the proposal. C. Plan Used As Guide: The general circulation and access plan shall be used as a guide for the subsequent development of sites and the design and location of buildings and grounds within the zone district. All plans subsequently approved by the Dblesign Review Board in accordance with Cehapter 11 of this Title shall substantially conform to the plan adopted by the Pplanning and • Eenvironmental Ceommission. 55 e • D. Amendments To Plan: The general circulation and access plan can be amended by the Planning and Eenvironmental Ceommission at a public hearing. E. Prior Approval Required.• Before a building permit is issued on any building, design guidelines for streets and parking lot lights, pavement treatment and benches, must be submitted and approved by the Ddepartment of Ceommunity Ddevelopment. 12-7F-3: PERMITTED USES: The following uses shall be permitted in the Arterial Business District a~riet: Eating and drinking establishments, as follows, are permitted on the first (street) level: Cocktail lounges and bars. Coffee shops, fountains, sandwich shops and restaurant. Personal services and repair shops, as follows, are deemed to be generally accessory and/or supportive of o, f,~ice uses and shall be permitted on the first (street) level: ~~~lie>~e1.ys- Beauty and barber s~'hops. Shoe repair. Tailors and dressmakers. Travel and ticket agencies. Professional off ces, business off ces and studio , • brtes~iec~s~es. Radio and television broadcasting studios Retail stores and establishments, as follows, are deemed to be generally accessory and/or supportive of office uses and are therefore permitted so long as they do not exceed eight thousand (8, 000) square feet in floor area for each such business use and so long as they are located on the first (street) level: Art supply stores. Bookstores. Drugstores. Florists. Newsstands. 1'1 '71 LAY- Stationery stores. Tobacco stores. Additional offices, businesses or services determined to be similar to permitted uses in accordance with the provisions of Ssection 12-7F-1 of this Article. 12-7F-4: CONDITIONAL USES: A. Enumerated: The following conditional uses shall be permitted in the Arterial Business Ddistrict, subject to the issuance of a conditional use permit in accordance with the provisions of Cehapter 16 of this Ttitle: Any use permitted by Section 12-7F-3 of this Article, which is not conducted entirely within a building. Bed and breakfasts as further provided by S~eetion 12-14-18 of this Ttitle. Brew pubs. Child daycare centers. Microbrewergyies. 56 B • Private unstructured parking. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public services uses, including screened outside storage. Service yards. Transportation businesses. Type III employee housing units (EHU) as provided in Cehapter 13 of this Title. B. Subject To Review: The following uses shall be permitted on the first (street) level floor within a structure subject to the issuance of a conditional use permit and are listed as such due to their potential individual and cumulative impacts of generating traffic in the Arterial Bbusiness Ddistrict and will receive review under the provisions of Cehapter 16 of this Title with specific emphasis on the criteria of traffic generation: Apparel stores. Automotive service stations Bakeries and confectioneries. Banks and financial institutions. Brew pubs. Business and office services. Camera stores and photographic studios. Child daycare center. Cleaning and laundry pick up agencies without bulk cleaning or dyeing. • Convenience food stores, restricted to a maximum of eight thousand (8, 000) square feet and no more than thirty three percent (33%) of the gross building area of the entire structure. Furniture stores. Hardware stores. Health clubs Health food stores. Hobby stores. Household appliance stores. Liquor stores. Music and record stores. Nursery and garden supply. Outside car wash. Pet shops. S Small appliance repair shops, excluding furniture repair. Theater. Yardage and dry good stores. 12-7F-S: ACCESSORY USES: The following accessory uses shall be permitted in the Aa~rterial Bbusiness Ddistrict: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions ofSsection 12-14-12 of this Title. Minor arcades. 57 B • 12-7F-7: SETBACKS• In the Arterial Bbusiness l?district, setbacks shall be as follows: 12-7G: HEAVY SERVICE (HS) DISTRICT.• 12-7G-1: PURPOSE: The Heavy Service District is intended to provide sites for automotive-oriented uses and for commercial service uses which are not appropriate in other commercial districts. Because of the nature of the uses permitted and their operating characteristics, appearance and potential for generating automotive ~ and truck traffic, all uses in the Heavy Service District are subject to the conditional use permit procedure. In granting a conditional use permit, the Planning and Environmental Commission or the Town Council may prescribe more restrictive development standards than the standards prescribed for the .zone district ~ in order to protect adjoining uses from adverse influences. 12-7G-3: CONDITIONAL USES: The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this Title: Animal hospitals and dog kennels~~~;~~ Automotive service stations. Building materials stores. Business o, f, j4ces. • Commercial laundry and cleaning services. Corporation yards. Machine shops. Motor vehicle sales and services. Repair garages. Repair shops. Seasonal plant product business. Ski lifts and tows, and accessory dwelling units for service personnel. Tire sales and services, including retreading and recapping. Transportation businesses. Trucking terminals and truck service stations. Warehouses. Woodworking and cabinet shops. Accessory uses customarily incidental and accessory to the conditional uses set ' out in this Section and necessary for the operation thereof. Additional commercial services determined to be similar to the conditional uses set out in this Section in accordance with the provisions of Section 12-3-4 of this Title. 12-7H.• LIONSHEAD MIXED USE 1 (LMU-1) DISTRICT.• 12-7H-1: PURPOSE.• The Lionshead Mixed Use 1 District is intended to provide sites for a mixture of multiple family dwellings, lodges, hotels, fractional fee clubs, time shares, lodge dwelling units, restaurants, offices, skier services, and commercial . establishments in a clustered, unified development. Lionshead Mixed Use 1 District, in accordance with the Lionshead Redevelopment Master Plan, is intended to ensure adequate light, air, open space and other amenities ss 6 • appropriate to the permitted types of buildings and uses and to maintain the desirable qualities of the zone district ~ by establishing appropriate site development standards. This zone district £ ~ is meant to encourage and provide incentives for redevelopment in accordance with the Lionshead Redevelopment Master Plan. 12-7H-2: PERMITTED AND CONDITIONAL USES,• BASEMENT OR GARDEN LEVEL: A. Definition: The "basement" or "garden level "shall be defined as that floor of a building that is entirely or substantially below grade. B. Permitted Uses: The following uses shall be permitted in basement or garden levels within a structure: Banks and financial institutions. Child daycare centers Commercial ski storage. Eating and drinking establishments. Personal services and repair shops. Professional offices, business offices and studios. Public or private lockers and storage. Recreation facilities. Retail establishments. Skier ticketing, ski school; and skier services.-d~eawe- Travel and ticket agencies. Type IV employee housing units, as further regulated by Chapter 13 of this • Title. Additional uses determined to be similar to permitted uses described in this Subsection, in accordance with the provisions of Section 12-3-4 of this Title. 12-7H-3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET LEVEL: A. Definition: The "first, floor" or "street level "shall be defined as that floor of the building that is located at grade or street level along a pedestrianway. B. Permitted Uses.• The following uses shall be permitted on the first floor or street level within a structure: Banks, with walk-up teller facilities. Child daycare centers. Eating and drinking establishments. Recreation facilities. Retail stores and establishments. Skier ticketing, ski school,- and skier service , . Travel and ticket agencies. Type IV employee housing units, as further regulated by Chapter 13 of this Title. Additional uses determined to be similar to permitted uses described in this Ssubsection, in accordance with the provisions of Ssection 12-3-4 of this Ttitle. C. Conditional Uses: The following uses shall be permitted on the first floor or street level floor within a structure, subject to issuance of a conditional use • permit in accordance with the provisions of Chhapter 16 of this Ttitle.• Beauty and barber shops. 59 B . Conference facilities and meeting rooms. Electronics sales and repair shops Financial institutions, other than banks. Liquor stores. Lodges and accommodation units. Multiple family residential dwelling units, timeshare units, fractional fee clubs, lodge dwelling units, and employee housing units (type III (EHU) as provided in Cehapter 13 of this Title). • , , ~'~.l Additional uses determined to be similar to conditional uses described in this Ssubsection, in accordance with the provisions of Ssection 12-3-4 of this Title. 12-7H-4: PERMITTED AND CONDITIONAL USES,• SECOND FLOOR AND ABOVE: A. Permitted Uses; Exception: The following uses shall be permitted on those floors above the first floor within a structure: Lodges and accommodation units. Multiple family residential dwelling units, timeshare units, fractional fee clubs, lodge dwelling units, and employee housing units (type III (EHU) as provided in Cehapter 13 of this Title). Type IV employee housing units, as further regulated by Chapter 13 of this Title. Additional uses determined to be similar to permitted uses described in this Ssubsection, in accordance with the provisions ofSsection 12-3-4 of this Title. • C. Conditional Uses: The following uses shall be permitted on second floors and higher above grade, subject to the issuance of a conditional use permit in accordance with the provisions of Cehapter 16 of this Title: Banks and financial institutions. Child daycare centers. Conference facilities and meeting rooms. Eating and drinking establishments. Electronics sales and repair shops Liquor stores. Personal services and repair shops. Professional offices, business offices and studios. ~''op x'~1~-9~49j?)9" Recreation facilities. Retail establishments. Skier ticketing, ski school; and skier servicer, E~,:c.~,d~}+es~re. Theaters. Timeshare units and fractional fee clubs. Additional uses determined to be similar to conditional uses described in this Ssubsection, in accordance with the provisions of Section 12-3-4 of this Title. 12-7H-S: CONDITIONAL USES; GENERALLY (ON ALL LEVELS OF A BUILDING OR OUTSIDE OFA BUILDING): The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of Cehapter 16 of this • Title: Bed and breakfast as further regulated by Ssection 12-14-18 of this Title. Brew pubs. 60 B • ~ sy a i ~H4C~7°ie9- Commercial storage. Laudromats Private outdoor recreation facilities, as a primary use. Private parking structures Private unstructured parking. Public buildings, grounds, and facilities. Public park and recreation facilities. Public parking structures. Public unstructured parking. Public utility and public service uses. Single family residential dwellings. Ski lifts and tows. Television stations. Two family residential dwellings. Additional uses determined to be similar to conditional uses described in this Section, in accordance with the provisions of Section 12-3-4 of this Title. 12-7H-6: ACCESSORY USES.• The following accessory uses shalt be permitted in the Lionshead Mmixed Use 1 Ddistrict: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Section 12-14-12 of this Title. • Loading and delivery and parking facilities customarily incidental and accessory to permitted and conditional uses. Minor arcades. Offices, lobbies, laundry, and otherfacilities customarily incidental and accessory to hotels, lodges, and multiple family uses. Outdoor dining decks and patios sre:,~ i~: Q ' e~~~~~~a'i~b 12-7H-7: EXTERIOR ALTERATIONS OR MODIFICATIONS.• A. Review Required: The construction of a new building or the alteration of an existing building that is not a major exterior alteration as described in Subsection B of this Section shall be reviewed by the Ddesign Review Board in accordance with Cehapter 11 of this Title. 1. Submittal Items Required: The submittal items required for a project that is not a major exterior alteration shall be provided in accordance with Ssection 12- 11-4 of this Title. B. Major Exterior Alteration: The construction of a new building or the alteration of an existing building which adds additional dwelling units, accommodation units, fractional fee club units, timeshare units, any project which adds more than one thousand (1,000) square feet of commercial floor area or common space, or any project which has substantial off site impacts (as determined by the Administrator) shall be reviewed by the Pplanning and Eenvironmental Ceommission as a major exterior alteration in accordance with this Cehapter and Section 12-3-6 of this Title. Any project which requires a conditional use permit shall also obtain approval of the Pplanning and . Eenvironmental Ceommission in accordance with Cehapter 16 of this Title. Complete applications for major exterior alterations shall be submitted in 61 • accordance with administrative schedules developed by the Ddepartment of Ceommuniry Ds~evelopment for Pplanning and Eenvironmental Ceommission and Ddesign Review Board review. 1. Submittal Items Required, Major Exterior Alteration: The following submittal items are required.' a. Application: An application shall be made by the owner of the building or the building owner's authorized agent or representative on a form provided by the Aadministrator. Any application for condominiumized buildings shall be authorized by the condominium association in conformity with all pertinent requirements of the condominium association's declarations. b. Application; Contents: The Aadministrator shall establish the submittal requirements for an exterior alteration or modification application. A complete list of the submittal requirements shall be maintained by the Aadministrator and fled in the Ddepartment of Ceommunity Ddevelopment. Certain submittal requirements may be waived and/or modified by the Asdministrator and/or the reviewing body if it is demonstrated by the applicant that the information and materials required are not relevant to the proposed development or applicable to the planning documents that comprise the Yail Ceomprehensive Pplan. The Administrator andlor the reviewing body may require the submission of additional plans, drawings, specifications, samples and other materials if deemed necessary to properly evaluate the proposal. C. Work SessionslConeeptual Review: If requested by either the applicant or the Aa~dministrator, submittals may proceed to a work session with the Pplanning and Eenvironmental Ceommission, a conceptual review with the • Ds~esign Review Bboard, or a work session with the Town Ceouneil. D. Hearing: The public hearing before the Pplanning and Eenvironmental Ceommission shall be held in accordance with Section 12-3-6 of this Title. The Pplanning and Eenvironmental Ceommission may approve the application as submitted, approve the application with conditions or modifications, or deny the application. The decision of the Pplanning and Eenvironmental Ceommission may be appealed to the Town Ceouncil in accordance with Section 12-3-3 of this Title. 12-7FI-8: COMPLL4NCE BURDEN: It shall be the burden of the applicant to prove by a preponderance of the evidence before the Pplanning and Eenvironmental Ceommission and the Ddesign Review Bboard that the proposed exterior alteration or new development is in compliance with the purposes of the Lionshead Mixed Use ~r~:~#-ctse 1 District ie~, that the proposal is consistent with applicable elements of the Lionshead Redevelopment Me~aster Pplan and that the proposal does not otherwise have a significant negative e, f,~ect on the character of the neighborhood, and that the proposal substantially complies with other applicable elements of the Vai! Ceomprehensive Pplan. 12-7H-10: SETBACKS: The minimum building setbacks shall be ten feet (10) unless otherwise specified in the Lionshead Rt~edevelopment M-r~easter Pplan as a build-to line. 12-7H-11: HEIGHTANDBULK.• Buildings shall have a maximum average building height of seventy one feet (71) • with a maximum height of 82.5 feet, as further defined by the Lionshead Redevelopment Muster Pplan. All development shall comply with the design 62 • guidelines and standards found in the Lionshead Redevelopment Muster Plan. Flexibility with the standard, as incorporated in the Lionshead Redevelopment M~raster Plan, shall be a, f)`orded to redevelopment projects which meet the intent of design guidelines, as reviewed and approved by the Ddesign Review Bboard. 12-7H-14: SITE COVERAGE: Site coverage shall not exceed seventy percent (70%) of the total site area, unless otherwise specified in the Lionshead Redevelopment M~easter Plan. 12-7H-1 S: LANDSCAPING AND SITE DEVELOPMENT.• At least twenty percent (20%) of the total site area shall be landscaped, unless otherwise specified in the Lionshead Redevelopment M~taster Plan. 12-7H-18: MITIGATIONOFDEVELOPMENTIMPACTS..• Property owners/developers shall also be responsible for mitigating direct impacts of their development on public infrastructure and in all cases mitigation shall bear a reasonable relation to the development impacts. Impacts may be determined based on reports prepared by qualified consultants. The extent of mitigation and public amenity improvements shall be balanced with the goals of redevelopment and will be determined by the Planning and Eenvironmental Ceommission in review of development projects and conditional use permits. Mitigation of impacts may include, but is not limited to, the following.• roadway improvements, pedestrian walkway improvements, streetscape improvements, • stream tract/bank improvements, public art improvements, and similar improvements. The intent of this Section is to only require mitigation for large scale redevelopment/development projects which produce substantial ofi" site impacts. 12-7I.• LIONSHEAD MIXED USE 2 (LMU-2} DISTRICT 12-7I-1: PURPOSE: The Lionshead Mixed Use 2 District is intended to provide sites for a mixture of multiple family dwellings, lodges, hotels, fractional fee clubs, time shares, lodge dwelling units, restaurants, offices, skier services, light industrial activities, and commercial establishments in a clustered, unified development. Lionshead Mixed Use 2 District, in accordance with the Lionshead Redevelopment Master Plan, is intended to ensure adequate light, air, open space and other amenities appropriate to the permitted types of buildings and uses and to maintain the desirable qualities of the zone district D'~rtiet by establishing appropriate site development standards. This zone district Di~trieE is meant to encourage and provide incentives for redevelopment in accordance with the Lionshead Redevelopment Master Plan. 12-7I-2: PERMITTED AND CONDITIONAL USES; BASEMENT OR GARDEN LEVEL: A. Definition: The "basement" or "garden level" shall be defined as that floor of a building that is entirely or substantially below grade. • B. Permitted Uses: The following uses shall be permitted in basement or garden levels within a structure: Banks and financial institutions. 63 • Child daycare centers. Commercial ski storage. Eating and drinking establishments. Personal services and repair shops. Professional offices business ojflces and studios. Public or private lockers and storage. Recreation facilities. Retail establishments. Skier ticketing, ski school,- and skier services-~d~s3+e~e. Travel and ticket agencies. Type IV employee housing units, as further regulated by Chapter 13 of this Title. Additional uses determined to be similar to permitted uses described in this Subsection, in accordance with the provisions of Section 12-3-4 of this Title. C. Conditional Uses: The following uses shall be permitted in basement or garden levels within a structure, subject to issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this Title: Conference facilities and meeting rooms. Electronics sales and repair shops. Liquor stores. Lodges and accommodation units. Major arcades. Multiple family residential dwelling units, time-share units, fractional fee clubs, lodge dwelling units, and employee housing units (Type III (EIIU) as provided in • Chapter 13 of this Title). Theaters. Additional uses determined to be similar to conditional uses described in this Subsection, in accordance with the provisions of Section 12-3-4 of this Title. 12-7I-3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET LEVEL: A. Definition: The " rrst floor" or "street level "shall be defined as that floor of the building that is located at grade or street level along a pedestrianway. B. Permitted Uses: The following uses shall be permitted on the first floor or street level within a structure.• Banks, with walk-up teller facilities. Child daycare centers. Eating and drinking establishments. Recreation facilities. Retail stores and establishments. Skier ticketing, ski school; and skier services; ~and~iLz~ ~,~~re. Travel and ticket agencies. Type IYemployee housing units, as further regulated by Chapter 13 of this Title. Additional uses determined to be similar to permitted uses described in this Subsection, in accordance with the provisions of Ssection 12-3-4 of this Ttitle. • C. Conditional Uses.• The following uses shall be permitted on the first floor or street level floor within a structure, subject to issuance of a conditional use permit in accordance with the provisions of Cehapter 16 of this Ttitle. 6a 0 ii Beauty and barber shops. Conference facilities and meeting rooms. Electronics sales and repair shops. Financial institutions, other than banks. Liquor stores. Lodges and accommodation units. Multiple family residential dwelling units, time-share units, fractional fee clubs, lodge dwelling units, and employee housing units (type III (EHU) as provided in Cehapter 13 of this Ttitle). ~1~- Additional uses determined to be similar to conditional uses described in this Subsection, in accordance with the provisions of S9ection 12-3-4 of this Title. 12-7I-4: PERMITTED AND CONDITIONAL USES; SECOND FLOOR AND ABOT'E.• A. Permitted Uses; Exception: The following uses shall be permitted on those floors above the first floor within a structure: Lodges and accommodation units. Multiple family residential dwelling units, time-share units, fractional fee clubs, lodge dwelling units, and employee housing units (type III (EHU) as provided in Cehapter 13 of this Title). Type IV employee housing units, as further regulated by Chapter 13 of this Title. Addi n • h• Rl uses determined to ye simtlsr to permitted uscs descnied in this Ssubsection, in accordance with the provisions of Ssection 12-3-4 of this Title. ~ B. Conditional Uses: The following uses shall be permitted on second floors and higher above grade, subject to the issuance of a conditional use permit in accordance with the provisions of Cehapter 16 of this Title: Banks and tnancial institutions. .f Child daycare centers. Conference facilities and meeting rooms. Eating and drinking establishments. Electronics sales and repair shops. Liquor stores. Personal services and repair shops. Professional offices, business offices and studios. Recreation facilities. Retail establishments. Skier ticketing, ski school- and skier services-a~r~r'e. Theaters. Time-share units and fractional fee clubs. Additional uses determined to be similar to conditional uses described in this Subsection, in accordance with the provisions of Section 12-3-4 of this Title. 12-71-5: CONDITIONAL USES; GENERALLY (ONALL LEVELS OFA BUILDING OR OUTSIDE OFA BUILDING): • The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of Cehapter 16 of this Title: 65 i n • Automotive service stations Bed and breakfasts as further regulated by S9ection 12-14-18 of this Title. Brew pubs. Child daycare centers. ~.s~rk ap.;rudi~tan~x~:iu.il'Ie9- Commercial storage. •i:.e:g~.t'~~ Laudromats. Private outdoor recreation facilities, as a primary use. Public buildings, grounds, and facilities. Public or private parking lots. Public parks and recreation facilities. Public utility and public service uses. Ski lifts and tows. Television stations. Vehicle maintenance, service, repair, storage, and fueling. Warehouses. ~ 12-71-6: ACCESSORY USES: The following accessory uses shall be permitted in the Lionshead Mixed Use 2 District ' Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Ssection 12-14-12 of this T~atle. Loading and delivery and parkingfacilities customarily incidental and accessory • to permitted and conditional uses. Minor arcades. Off ces, lobbies, laundry, and other facilities customarily incidental and accessory to hotels, lodges, and multiple family uses. Outdoor dining decks and patios. ~-G~~'s~ i~ ~ 12-7I-7: EXTERIOR ALTERATIONS OR MODIFICATIONS: A. Review Required: The construction of a new building or the alteration of an existing building shall be reviewed by the Ddesign Review Board in accordance with Cehapter I1 of this Ttitle. However, any project which adds additional dwelling units, accommodation units, fractional fee club units, timeshare units, any project which adds more than one thousand (1,000) square feet of commercial floor area or common space, or any project which has substantial off site impacts (as determined by the Administrator) shall be reviewed by the Pplanning and Eenvironmental Ceommission as a major exterior alteration in accordance with this Cehapter and Section 12-3-6 of this Ttitle. Any project which requires a conditional use permit shall also obtain approval of the Pplanning and Eenvironmental Ceommission in accordance with Cehapter 16 of this Ttitle. Complete applications for major exterior alterations shall be submitted in accordance with administrative schedules developed by the D~lepartment of Ceommunity Ddevelopment for Pplanning and Eenvironmental Ceommission and DsTesign Review Board review. • B. Submittal Items Required: The following submittal items are required: 1. Application: An application shall be made by the owner of the building or the building owner's authorized agent or representative on a form provided by the 66 e • Aadministrator. Any application for condominiumized buildings shall be authorized by the condominium association in conformity with all pertinent requirements of the condominium association's declarations. 2. Application; Contents: The Aadministrator shall establish the submittal requirements for an exterior alteration or modification application. A complete list of the submittal requirements shall be maintained by the Aadministrator and filed in the Daiepartment of Ceommunity Ds~evelopment. Certain submittal requirements may be waived and/or modified by the Asdministrator and/or the reviewing body if it is demonstrated by the applicant that the information and materials required are not relevant to the proposed development or applicable to the planning documents that comprise the Vail Ceomprehensive Plan. The Administrator and/or the reviewing body may require the submission of additional plans, drawings, specifications, samples and other materials if deemed necessary to properly evaluate the proposal. C. Work Sessions/Conceptual Review: If requested by either the applicant or the Aadministrator, submittals may proceed to a work session with the Planning and Eenvironmental Ceommission, a conceptual review with the Ddesign Review Bboard, or a work session with the T,town Ceouncil. D. Hearing: The public hearing before the Planning and Eenvironmental Ceommission shall be held in accordance with Section 12-3-6 of this Title. The Planning and Eenvironmental Ceommission may approve the application as submitted, approve the application with conditions or modifications, or deny the application. The decision of the Planning and Eenvironmental Ceommission may be appealed to the Ttown Ceouncil in accordance with Section 12-3-3 of • this Title. 12-7I-8: COMPLIANCE BURDEN.• It shall be the burden of the applicant to prove by a preponderance of the evidence before the PRlanning and Eenvironmental Ceommission and the Ds~esign Review Bboard that the proposed exterior alteration or new development is in compliance with the purposes of the Lionshead Mixed Use e~ 2 District that the proposal is consistent with applicable elements of the Lionshead Redevelopment M~wsaster Plan and that the proposal does not otherwise have a significant negative e, f,~ect on the character of the neighborhood, and that the proposal substantially complies with other applicable elements of the Yail Ceomprehensive Plan. 12-7I-10: SETBACKS: The minimum building setbacks shall be ten (10) feet {IA} unless otherwise specified in the Lionshead Redevelopment Me~aster Plan as a build to line. 12-7I-11: HEIGHT AND BULK.• Buildings shall have a maximum average building height of seventy one (71) feet with a maximum height of 82.5 feet, as further defined by the Lionshead Redevelopment Muster Plan. All development shall comply with the design guidelines and standards found in the Lionshead Redevelopment Muster Plan. Flexibility with the standard, as incorporated in the Lionshead Redevelopment Metaster Plan, shall be afforded to redevelopment projects • which meet the intent of design guidelines, as reviewed and approved by the Ddesign Review Bboard. 67 B • 12-7I-14.• SITE COVERAGE: Site coverage shall not exceed seventy percent (70%) of the total site area, unless otherwise specified in the Lionshead Redevelopment Master Plan. 12-7I-1 S: LANDSCAPING AND SITE DEVELOPMENT.• At least twenty percent (20%) of the total site area shall be landscaped, unless otherwise specified in the Lionshead Redevelopment Master Plan. 12-7I-18: MITIGATION OF DEVELOPMENT IMPACTS: Property owners/developers shall also be responsible for mitigating direct impacts of their development on public infrastructure and in all cases mitigation shall bear a reasonable relation to the development impacts. Impacts may be determined based on reports prepared by qualified consultants. The extent of mitigation and public amenity improvements shall be balanced with the goals of redevelopment and will be determined by the Pplanning and Eenvironmental Ceommission in review of development projects and conditional use permits. Mitigation of impacts may include, but is not limited to, the following: roadway improvements, pedestrian walkway improvements, streetscape improvements, stream tract/bank improvements, public art improvements, and similar improvements. The intent of this Ssection is to only require mitigation for large scale redevelopment/development projects which produce substantial off site impacts. • Section 25. Chapter 12-8 is hereby amended as follows: 12-8A-1: PURPOSE: The Agricultural and Open Space District is intended to preserve agricultural, undeveloped, or open space lands from intensive development while permitting agricultural pursuits and low density residential use consistent with agricultural and open space objectives. Parks, schools, and certain types of private recreational facilities and institutions also are suitable uses in the Agricultural and Open Space District, provided that the sites of these uses remain predominantly open. Site development standards are intended to preclude intensive urban development and to maintain the agricultural and open space characteristics of the zone district Drs~iet. 12-8A-2: PERMITTED USES: The following uses shall be permitted in the A District: Plant and tree nurseries and raising offield, row and tree crops. Public parks, passive and active recreation areas, and open spaces. Single family residential dwellings. 12-8A-3: CONDITIONAL USES: The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this Title.• Any use within public parks, recreation areas, and open spaces which involves • assembly of more than two hundred (200) persons together in one building or group of buildings, or in one recreation area or otherpublic recreational facility. Cemeteries. 68 b ~YCMTL7~3EJ~ :,VJd„ n~ .,..J 1,. s...l ns......s. • Low power subscription radio facilities. Private golf, tennis, swimming and riding clubs, and hunting and fishing lodges. Public and private schools. a~sd'-ee~lege~ Religious Institutions Semipublic and institutional uses, such as convents and religious retreats. Ski lifts and tows. Type II employee housing units (EHU) as provided in Chapter 13 of this Title. Well water treatment facility. 12-8B: OUTDOOR RECREATION (OR) DISTRICT 12-8B-1: PURPOSE: The Outdoor Recreation e~ae~-~ee~'~~:a~~~~~. District ~iisa~r`~;t is intended to preserve undeveloped or open space lands from intensive development while permitting outdoor recreational activities that provide opportunities for active and passive recreation areas, facilities and uses. 12-8B-2: PERMITTED USES: The following uses shall be permitted in the OR district: Bicycle and pedestrian path. 9;; r..l : ~ Interpretive nature walks. Nature preserves. Passive outdoor recreation areas and open spaces. • 12-8B-3: CONDITIONAL USES: The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the rovisions o cha ter 16 o this P .f P f Title: Accessory buildings (permanent and temporary) and uses customarily incidental and accessory to permitted or conditional outdoor recreational uses, and necessary for the operation thereof, including restrooms, drinkingfountains, bleachers, concessions, storage buildings, and similar uses. Cemeteries. Equestrian trails, used only to access national forest system lands. Public parks and active public outdoor recreation areas and uses, excluding buildings. Public utility and public service uses. Seasonal use or structure. Ski lifts, tows and runs. Well water treatment facilities. 12-SB-4: ACCESSORY USES.• The following accessory uses shall be permitted in the OR Ddistrict: Accessory uses in the OR Dslistrict are subject to conditional use permit review in accordance with the provisions of Cehapter 16 of this Title. 12-SB-6: SETBACK.S.• In the OR Da~istrict, the minimum setback shall be twenty feet (20) from all • property lines, except as may be further restricted by the Pplanning and Eenvironmental Ceommission in conjunction with the issuance of a conditional use permit in accordance with the provisions of Cehapter 16 of this Title. 69 B • 12-8B-10: LANDSCAPING AND SITE DEVELOPMENT.• Landscape requirements shall be determined by the Ddesign Review Bboard in accordance with Cehapter 11 of this Title. 12-8B-12: ADDITIONAL DEVELOPMENT STANDARDS: Additional regulations pertaining to site development standards and the development of land in the Oeutdoor Recreation Ddistrict are found in Cehapter 14 of this Title. 12-8D: SKI BASE/RECREATION (SBR) DISTRICT 12-8D: SKI BASE/RECREATION 1 DISTRICT.• 12-8D-2: Permitted Uses: E. Outside Of Lodge: The following uses shall be permitted outside the main base lodge and children's ski school buildings as shown on the approved development plan zoned Ski Base/Recreation lDistrict: Bus and skier drop off. Food and beverage service. Indoor and outdoor ski storage. Mountain storage buildings. Private unstructured parking. Public parks, tennis and volleyball courts, and playing fields, playgrounds. Ski racing facilities. Ski school activities. Ski trails, slopes and lifts. Snowmaking facilities. Special community events. ~~u~~ Water-treatment and storage facilities buildings. 12-8D-3: CONDITIONAL USES: The following conditional uses shall be permitted in the Saki Bbase/Recreation Dstistrict, subject to the issuance of a conditional use permit in accordance with the provisions of Cehapter 16 of this Title: 12-8D-4: ACCESSORY USES: The following accessory uses shall be permitted in Sski Bbase/Recreation Ddistrict.• 12-8D-S: LOCATION OF BUSINESS ACTIVITY.• All offices and retail sales conducted in the Sski Bbase/Recreation Ddistrict shall be o erate d and conducted entirel within a buildin p y g except for approved special events and food and beverage vending. 12-8D-6: DEVELOPMENTPLANREQUIRED: A. Compatibility With Intent.• To ensure the unified development, the protection of the natural environment, the compatibility with the surrounding area and to assure that development in the Saki Bbase/Recreation Ddistrict will • meet the intent of the zone district, a development plan shall be required. B. Plan Process And Procedures: The proposed development plan shall be in accordance with Section 12-8D-7 of this Article and shall be submitted by ~o B • the developer to the Asdministrator, who shall refer it to the Pplanning and Eenvironmental Ceommission, which shall consider the plan at a regularly scheduled meeting. A report of the PPlanning and Eenvironmental Ceommission stating its findings and recommendations shall be transmitted to the Town Ceouncil for approval in accordance with the applicable provisions of Ssection 12-16-6 of this Title. C. Plan As Guide: The approved development plan shall be used as the principal guide for all development within the Saki Bbase/Recreation Ddistrict . E. DRB Approval Required: The development plan and any subsequent amendments thereto shall require the approval of the Dstesign Review Bboard in accordance with the applicable provisions of Cehapter I1 of this Ttitle prior to the commencement of site preparation. 12-SD-7: DEVELOPMENT PLAN CONTENTS.' The Aadministrator shall establish the submittal requirements for a development plan application. A complete list of the submittal requirements shall be maintained by the Administrator and filed in the Ddepartment of Ceommunity D~fevelopment. Certain submittal requirements may be waived and/or modified by the Administrator and/or the reviewing body if it is demonstrated by the applicant that the information and materials reguired are not relevant to the proposed development or applicable to the planning documents that comprise the Vail Ceomprehensive Pplan. The Aadministrator and/or the reviewing body may require the submission of additional plans, drawings, specifications, samples and other materials if deemed necessary to properly evaluate the proposal. • 12-8D-8: DEVELOPMENT STANDARDS/CRITERIA FOR EVAL UATION.• The following criteria shall be used as the principal means for evaluating a proposed development plan. It shall be the burden of the applicant to demonstrate that the proposed development plan complies with all applicable design criteria. E. Environmental impacts resulting from the proposal have been identified in the project's Eenvironmental I~tmpact Report, if not waived, and all necessary mitigating measures are implemented as a part of the proposed development plan. F. Compliance with the Vail Ceomprehensive Pplan and other applicable plans. 12-8D-10: SETBACKS.• In the Sski B,base/Recreation Ddistrict, front, side, rear and stream setbacks shall be as indicated on the approved development plan. 12-8E: SKI BASE/RECREATION 2 (SBR2) DISTRICT.• 12-8E-1: PURPOSE: The Ski Base/Recreation 2 District ~ is intended to provide sates for facilities, activities and uses necessary for and appurtenant to the operation of a ski mountain. A variety of other facilities, uses and activities, including, but not limited to, residential, public and semipublic uses and special community events typically associated with a vibrant resort community are also • permitted within the zone district. The Ski Base/Recreation s~l~i-liCts~/i 2 District d;~t;-ice is intended to ensure adequate light, air, open space and other amenities appropriate to permitted and conditional uses throughout the zone n B • district. In order to achieve this objective and to ensure compatibility with adjacent land uses, all permitted uses, development and activity within the zone district shall be subject to approval of a comprehensive development plan in accordance with the provisions of this Aarticle. Furthermore, due to the likelihood of this district being located at the base of Vail Mountain, and upon some of the most critical and important lands to the future success and resort character of the Town, development within this district shall be evaluated based upon its ability to meet the specific purposes of this Title and to provide "compelling public benefits which further the public interests" that go beyond any economic benefits to the landowner. 12-8E-2.• PERMITTED USES: A. The following uses shall be permitted within the Ski Base/Recreation ~s9e,~i^eE,, . ~ S~,E,`9r4 2 Ds~istrict: 12-8E-3: CONDITIONAL USES.• The following conditional uses shall be permitted in the Ski Base/Recreation s,~t h~~~~~,~.~.~~~ 2 Ddistrict, subject to the issuance of a conditional use permit in accordance with the provisions of Cehapter 16 of this T~itle.• 12-8E-4.• ACCESSORY USES: The following accessory uses shall be permitted in the Ski Base/Recreation 2 District: • 12-8E-5: LOCATION OF BUSINESS ACTIVITY.• A. Limitations; Exception: All ofi`ices, retail sales, and commercial ski storage conducted in the Ski Base/Recreation 2 (SBR2) District shall be operated and conducted entirely within a building, except for approved special community events, outdoor display of goods, and outdoor restaurant seating. 12-8E-6: DEVELOPMENT PLAN.• A. Development Plan Required: Prior to site preparation, building construction, or other improvements to land within the Ski Base/Recreation li~~e~ier4 2 District, there shall be an approved development plan for said district or portion thereof An approved development plan shall be the principal document in guiding the development, uses and activities of land within the zone district. A development plan shall be approved by the planning and environmental commission. Development standards including setbacks, site coverage, landscaping, density (GRFA) and parking shall be determined by the Planning and Eenvironmental Ceommission as part of the approved development plan. This determination is to be made based on the proposed development plan's compliance with the design criteria outlined in Section 12- 8E-9 of this Aarticle. B. Application: An application for approval of a development plan may be filed by any owner of property within the Ski Base/Recreation bs°n 2 District or his (her) agent or authorized representative. The application shall be made on a form provided by the Department of • Ceommunity Development and shall include: a legal description of the property, a list of names and mailing addresses of all adjacent property owners and written consent of owners of all property to be included in the development 72 a • plan, or their agents or authorized representatives. The application shall be accompanied by submittal requirements outlined in Subsection 12-8E-8A of this Article and a development plan as outlined in Subsection C of this Section. 12-8E-7.• DEVELOPMENT REVIEW PROCEDURES.• A. Pre-application Pr-.:~pp~ Conference: Prior to submittal of a formal application for a development plan, the applicant shall hold apre-application ~?reiea~Eien conference with the Ddepartment of Ceommunity Ds~evelopment. The purpose of this meeting shall be to discuss the goals of the proposed development plan, the relationship of the proposal to applicable elements of the Vail Ceomprehensive Pplan, and the review procedure that will be followed for the application. B. PEC Conducts Final Review: The final review of a proposed development plan shall be by the Pplanning and Eenvironmental Ceommission at either a regularly scheduled meeting or a special meeting. Prior to this meeting, and at the discretion of the Aedministrator, awork session may be held with the applicant, staff and the Pplanning and Eenvironmental Ceommission to discuss the development plan. A report of the Ddepartment of Ceommunity Development staf~''s findings and recommendations shall be presented at a public hearing before the Pplanning and Eenvironmental Ceommission. The Pplanning and Eenvironmental Ceommission shall review the development plan in accordance with the provisions of Ssection 12-5E-9 of this Article.. 12-8E-8: SUBMITTAL REQUIREMENTS: • A. Information And Materials Required.• The Aedministrator shall establish the submittal requirements for an approved development plan application. Certain submittal requirements may be waived or modified by the Aedministrator or the Pplanning and Eenvironmental Ceommission if it is demonstrated by the applicant that the information and materials required are not relevant to the proposed development or applicable to the Vail Ceomprehensive Pplan. A complete list of the submittal requirements shall be maintained by the Aedministrator and filed in the Department of Ceommunity Development. 12-8E-9: DESIGN CRITERIA: The following design criteria shall be used as the principal criteria in evaluating the merits of a proposed development plan. It shall be the burden of the applicant to prove by a preponderance of the evidence that the submittal material and the proposed development plan comply with each of the following standards, or demonstrate that one or more of them is not applicable, or that a practical solution consistent with the public interest has been achieved: D. Comprehensive Plan: Conformity with the Vail Ceomprehensive Pplan, Town policies and Urban Design Pplans. 12-8E-11: SETBACKS: In the Ski Base/Recreation °'T 2 District, front, side and rear setbacks shall be as indicated on the approved development plan. 12-8E-12.• HEIGHT.• • In the Ski BaselRecreation sl~i-~` s;'~re~w°~~~~;`~.~ 2 Ddistrict buildings shall range in height from zero feet (0) to forty three feet (43) and be indicated on the approved development plan. All development shall comply with the building 73 P • height guidelines found in the Vail Village Mmaster Pplan Ceonceptual Building Height Pplan. In no instance, however, shall the maximum building height exceed forty three (43) feet {43~. 12-8E-14: SITE COVERAGE: In the Ski Base/Recreation ~1~;.., ~~~~tsn 2 Ddistrict, site coverage shall be as indicated on the approved development plan. 12-8E-1 S: LANDSCAPING AND SITE DEVELOPMENT.• In the Ski Base/Recreation 2 Ddistrict, landscaping requirements shall be as indicated on the approved development plan. 12-8E-16: PARKING/LOADING PLANAND PROGRAM: Off street parking and loading shall be provided in accordance with Cehapter 10 of this Title. At least ninety five percent (95%) of the required parking shall be located within the main building or buildings, and as approved by the PPlanning and Eenvironmental Ceommission in review of the development plan. The off street parking and loading plan shall be indicated on and described in the approved development plan. 12-8E-17: MITIGATION OF DEVELOPMENT IMPACTS: Property owners/developers shall also be responsible for mitigating direct impacts of their development on public infrastructure and in all cases mitigation shall bear a reasonable relation to the development impacts. Impacts may be • determined based on reports prepared by qualified consultants. The extent of mitigation and public amenity improvements shall be balanced with the goals of redevelopment and will be determined by the PPlanning and Eenvironmental Ceommission in review of development projects and conditional use permits. Substantial ofj`'site impacts may include, but are not limited to, the following: deed restricted employee housing, roadway improvements, pedestrian walkway improvements, loading/delivery, streetscape improvements, stream tractlbank • improvements, public art improvements, parking, and similar improvements. The intent of this Ssection is to only require mitigation for large scale redevelopment/development projects which produce substantial off site impacts. 12-8E-18: AMENDMENT PROCEDURES: I~ A. Minor Amendments: 2. Minor amendments consistent with the design criteria outlined in Section 12- SE-9 of this A~trticle may be approved by the .Ddepartment of Ceommunity Dsievelopment. All minor amendments shall be indicated on a completely revised sled b development plan. Approved changes shall be noted, signed, dated and f y ~ the Ddepartment of Ceommunity D6levelopment. 3. Notification of a proposed minor amendment, and a report of staff' action of said request, shall be provided to all property owners within or adjacent to the zone district that may be affected by the amendment. Affected properties shall be as determined by the Ddepartment of Ceommunity Ddevelopment. Notifications shall be postmarked no later than five (S) days following staff' action on the amendment request and shall include a brief statement describing the amendment • and the time and date of when the Pplanning and Eenvironmental Ceommission will be informed of the administrative action ~ta~~ee~ien. In all cases the report to the Planning and Eenvironmental Ceommission shall be made within ~a B • twenty (20) days from the date of the staffs decision on the requested amendment. 4. Appeals of sta, fj`'decisions may be filed by adjacent property owners, owners of property within the zone district, the applicant, PPlanning and Eenvironmental Ceommission members or members of the Town Ceouncil . as outlined in S~+ection 12-3-3 of this Title. B. Major Amendments: 1. Major amendments are any proposal to change uses; increases to residential floor area greater than five percent (S%) of the approved square footage; increases to retail, office, or common floor area greater than five percent (S%) of the approved square footage; increases or decreases to the number of dwelling, accommodation, or fractional fee club units; any request to modify, enlarge or expand the boundary of an approved development plan and any amendment to the approved development plan that is not a minor amendment as determined by the Asdministrator and defined in this Article. 2. Requests for major amendments to an approved development plan shall be evaluated based upon the degree of deviation of the amendment from the basic intent and character of the approved development plan and reviewed in accordance with the procedures described in Soection 12-8E-7 of this Aarticle. All major amendments shall be indicated on a completely revised development plan. Approved changes shall be noted, signed, dated and filed by the Dblepartment of Ceommunity Ddevelopment. 3. Owners of all property requesting the amendment, or their agents or authorized representatives, shall sign the application. Notification of the • proposed amendment shall be made to owners of all property adjacent to the property requesting the proposed amendment, owners of all property adjacent to the zone district, and owners of all property within the zone district that may be affected by the proposed amendment (as determined by the Ddepartment of Ceommunity Ddevelopment). Notiftcation procedures shall be as outlined in Subsection 12-3-6C of this Title. 12-8E-19: TIME REQUIREMENTS: A. Start Of Construction; Completion: The developer must begin initial construction of the development plan within three (3) years from the time of its final approval, and continue diligently toward the completion of the project. If the development plan is to be developed in phases, the developer must begin construction of subsequent phases within one (1) year of the completion of the previous phase. B. Approval Voided.• If the developer amt does not begin and diligently work toward the completion of the development plan or any stage of the development plan within the time limits imposed by the preceding Ssubsection, the approval of said development plan shall be void. The PPlanning and Eenvironmental Ceommission shall review the development plan upon submittal of an application to reestablish the development plan following the procedures outlined in Seection 12-8E-7 of this Article. Section 26. Article 12-9A is hereby amended as follows: 12-9A-1: PURPOSE AND APPLICABILITY.• 75 e • A. PURPOSE: The purpose of the Sppecial Ddevelopment Deiistrict is to encourage flexibility and creativity in the development of land in order to promote its most appropriate use; to improve the design character and quality of the new development with the Town; to facilitate the adequate and economical provision of streets and utilities; to preserve the natural and scenic features of open space areas; and to further the overall goals of the community as stated in the Vail Ceomprehensive Pplan. An approved development plan for a Special Ddevelopment Ddistrict, in conjunction with the property's underlying zone district, shall establish the requirements for guiding development and uses of property included in the Sppecial Ddevelopment Ddistrict. ~7~~ ,~ec~ t5ir is ne8 ~.'~k=.~ ~s~ing-carte ~t9t'i°i~'EtS: ~ ~ ~ f».iii j, a#~tiex, pr-errr;'555.:;'H~1j-. s"f tli!E~S 5; l,it ~5 ~~~~at..» s.., _ i ~ n ~ ~ 3f t.~4i3 B. APPLICABILITY.• Special Development Districts do not apply to and are not available in the following zone districts: Hillside Residential, Single-Family Residential, Two-Family Residential and Two-Family Primary/Secondary Residential 12-9A-2: DEFINITIONS: AFFECTED PROPERTY.• Property within a Special Ddevelopment Ddistrict that, by virtue of its proximity or relationship to a proposed amendment request to an approved development plan, may be affected by redesign, density increase, change in uses, or other modifications changing the impacts, or character of the • approved Special Daievelopment Ddistrict. AGENT OR AUTHORIZED REPRESENTATIVE: Any individual or association authorized or empowered in writing by the property owner to act on his (her) stead. If any of the property to be included in the Special Ddevelopment Ddistrict is a condominiumized development, the pertinent condominium association may be considered the agent or authorized representative for the individual unit owners if authorized in conformity with adl pertinent requirements of the condominium association's declarations and all other re uirements o the 9 .f condominium declarations are met. MAJOR AMENDMENT (PEC AND/OR COUNCIL REVIEN~: Any proposal to change uses; increase gross residential floor area; change the number of dwelling or accommodation units; modify, enlarge or expand any approved Sppecial Ddevelopment Ddistrict (other than "minor amendments" as defined in this Section), except as provided under Section 12-1 S-4, "Interior Conversions'; or 12-IS-S, "Additional Gross Residential Floor Area (2S0 Ordinance)'; of this Title. MINOR AMENDMENT (STAFF REVIEW: Modifications to building plans, site or landscape plans that do not alter the basic intent and character of the approved Special Ddevelopment Ddistrict, and are consistent with the design criteria of this ~-Article. Minor amendments may include, but not be limited to, variations of not more than five (S) feet (S) to approved setbacks • and/or building footprints; changes to landscape or site plans that do not adversely impact pedestrian or vehicular circulation throughout the Special Ddevelopment Ddistriet; or changes to gross floor area (excluding residential 76 e • uses) of not more than five percent (S%) of the approved square footage of retail, office, common areas and other nonresidential floor area, except as provided under Ssection 12-IS-4, "Interior Conversions'; or 12-15-5, "Additional Gross Residential Floor Area (2S0 Ordinance)'; of this Title. UNDERLYING ZONE DISTRICT.• The zone district existing on the property, or imposed on the property at the time the Special Development District is approved. The following zone districts are prohibited from Special Development Districts being used: Hillside Rresidential, S~ingle- Ffamily Residential, Two-Family Residential Two-Family Pprimary/Secondary Residential. 12-9A-3: APPLICATION.• An application for approval of a Special Development District may be filed by any owner of property to be included in the Special Development District or his (her) agent or authorized representative. The application shall be made on a form provided by the Department of Ceommunity Development and shall include: a legal description of the property, a list of names and mailing addresses of all adjacent property owners and written consent of owners of all property to be included in the Special Development District, or their agents or authorized representatives. The application shall be accompanied by submittal requirements in Ssection 12-9A-S of this Aarticle and a development plan as in Ssection 12-9A-6 of this Aarticle. 12-9A-4: DEVELOPMENT REVIEW PROCED URES.• • A. Approval Of Plan Required.• Prior to site preparation, building construction, or other improvements to land within a Sppecial Development District, there shall be an approved development plan for said district. The approved development plan shall establish requirements regulating development, uses and activity within a Special Development District. B. Pre-application ~'~~-~xypltea~ie~ Conference: Prior to submittal of a formal application for a Special Development District, the applicant shall hold apre-application p~plfiea conference with the Ddepartment of Ceommunity Development. The purpose of this meeting shall be to discuss the goals of the proposed Special Development District, the relationship of the proposal to applicable elements of the Town's Comprehensive ~-Pplan, and the review procedure that will be followed for the application. C. PEC Conducts Initial Review: The initial review of a proposed Special Development District shall be held by the Pplanning and Eenvironmental Ceommission at a regularly scheduled meeting. Prior to this meeting, and at the discretion of the Aadministrator, awork session may be held with the applicant, staff and the Pplanning and Eenvironmental Ceommission to discuss Special Development District. A report of the Department of Ceommunity Development staf,~'s findings and recommendations shall be made at the initial formal hearing before the Pplanning and Eenvironmental Ceommission. Within twenty (20) days of the closing of a public hearing on a proposed amendment, the Planning and Environmental Commission shall act on the petition or proposal The Commission may recommend approval of the petition or proposal as initiated, may recommend approval with such modifications as it • deems necessary to accomplish the purposes of this Title, or may recommend denial of the petition or rejection of the proposal The Commission shall e • transmit its recommendation, together with a report on the public hearing and its deliberations and findings, to the Town Council D. Town Council Review: A report of the PPlanning and Eenvironmental Commmission stating its findings and recommendations, and the staff report shall then be transmitted to the Town Ceouncil. hq-aE ~ ~ 3 ••~s~..:e i 'pie t:tti~e- eke--tei~~i .;s, :r ..z,.» :a,. .i.,, . Upon receipt of the report and recommendation of the Planning and Environmental Commission, the Town Council shall set a date for hearing within the following thirty (30) days Within twenty (20) days of the closing of a public hearing on a proposed SDD, the Town Council shall ~ act on the petition or proposal. The Town Council shall consider but shall not be bound by the recommendation of the Planning and Environmental Commission. The Town Council may cause an ordinance to be introduced to create or amend a Special Development District, either in accordance with the recommendation of the Planning and Environmental Commission or in modified form, or the Council may deny the petition. If the Council elects to proceed with an ordinance adopting an SDD, the ordinance shall be considered as prescribed by the Vail Town Charter. 12-9A-S: SUBMITTAL REQUIREMENTS: The administrator shall establish the submittal requirements for a Special Ds~evelopment Ddistrict application. A complete list of the submittal requirements shall be maintained by the Aa~dministrator and filed in the Ddepartment of Ceommunity Ddevelopment. Certain submittal requirements may be waived and/or modified by the Administrator and/or the reviewing body if it is demonstrated by the applicant that the information and materials required are not relevant to the proposed development or applicable to the planning documents that comprise the Vail Ceomprehensive Pplan. The Asdministrator and/or the reviewing body may require the submission of additional plans, drawings, specifications, samples and other materials if deemed necessary to properly evaluate the proposal. 12-9A-6: DEVELOPMENT PLAN.• An approved development plan is the principal document in guiding the development, uses and activities of Special Ddevelopment Ddistricts. A development plan shall be approved by ordinance by the Town Council in conjunction with the review and approval of any Special Datevelopment Ddistrict. The development plan shall be comprised of materials submitted in accordance with Section 12-9A-S of this Article. The development plan shall contain all relevant material and information necessary to establish the parameters with which the Special Ddevelopment Ds~istrict shall develop. The development plan may consist of, but not be limited to, the approved site plan, floor plans, building sections and elevations, vicinity plan, parking plan,. preliminary open space/landscape plan, densities and permitted, conditional and accessory uses. 12-9A-7: USES.• • Determination of permitted, conditional and accessory uses shall be made by the Planning and Environmental Commission and Town Council as a part of the formal review of the proposed development plan. Unless further restricted ~s • through the review of the proposed Sspecial Development Ddistrict, permitted, conditional and accessory uses shall be limited to those permitted, conditional and accessory uses in a property's underlying zone district. Under certain conditions, commercial uses may be permitted in residential Sspecial Ddevelopment District if, in the opinion of the Town Council, such uses are primarily for the service and convenience of the residents of the development and the immediate neighborhood. Such uses, if any, shall not change or destroy the predominantly residential character of the Sspecial Development Ds~istrict. The amount of area and type of such uses, if any, to be allowed in a residential Sspecial Ddevelopment District shall be established by the Town Council as a part of the approved development plan. 12-9A-8.' DESIGN CRITERIA AND NECESSARY FINDINGS.• A. CRITERIA: The following design criteria shall be used as the principal criteria in evaluating the merits of the proposed Sspecial Dblevelopment District. It shall be the burden of the applicant to demonstrate that submittal material and the proposed development plan comply with each of the following standards, or demonstrate that one or more of them is not applicable, or that a practical solution consistent with the public interest has been achieved.• (1)~4 Compatibility: Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. (2)B- Relationship: Uses, activity and density which provide a compatible, • efficient and workable relationship with surrounding uses and activity. (3)~ Parking And Loading: Compliance with parking and loading requirements as outlined in Chapter 10 of this Title. (4)~ Comprehensive Plan: Conformity with applicable elements of the Yail Comprehensive Plan, Town policies and urban design plans. (S)am Natural And/Or Geologic Hazard.• Identification and mitigation of natural and/or geologic hazards that affect the property on which the Sspecial Dafevelopment District is proposed. (6)~ Design Features: Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. (7)Er. Traffic: A circulation system designed for both vehicles and pedestrians addressing on and of,Jrsite traffic circulation. (8)# Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. (9)I: Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the Sspecial Ddevelopment District. B. Necessary Findings: Before recommending and/or granting an approval of an application fora Special Development District, the Planning and Environmental Commission and the Town Council shall make the • following findings with respect to the proposed SDD: (1) That the SDD complies with the standards listed in Subsection 12-9A-8A of this Title, unless the applicant can demonstrate that one or more of the 79 . standards is not applicable, or that a practical solution consistent with the public interest has been achieved (2)That the SDD is consistent with the adopted goals, objectives and policies outlined in the Yail Comprehensive Plan and compatible with the development objectives of the Town; and (3) That the SDD is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and (4) That the SDD promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. 12-9A-9: DEVELOPMENT STANDARDS: Development standards including lot area, site dimensions, setbacks, height, density control, site coverage ee~+erages, landscaping and parking shall be determined by the Town Council as part of the approved development plan with consideration of the recommendations of the Planning and Environmental Commission. Before the Town Council approves development standards that deviate from the underlying zone district, it should be determined that such ' deviation provides benefits to the Town that outweigh the adverse effects of such deviation. This determination is to be made based on evaluation of the proposed Special Ddevedopment Datistrict 's compliance with the design criteria outlined in Section 12-9A-8 of this Article. • I2-9A-10: AMENDMENT PROCEDURES: A. Minor Amendments: 1. Minor modifications consistent with the definition of "minor amendment" de~t~~r-er-it~:•i.~ .:aalirred-in Subsection 12-9A-2--(~let~: f "~zer° amertdn~e~}of this Article, may be approved by the Department of Community Development. All minor modifications shall be indicated on a completely revised development plan. Approved changes shall be noted, signed, dated and filed by the Department of Community Development. 2. Notification of a proposed minor amendment, and a report of staff action of said request, shall be provided to all property owners within and er adjacent to the Sspecial Ddevelopment Ds~istrict that may be affected by the amendment. Affected properties shall be as determined by the Department of Community Development. Notifications shall be postmarked no later than five (S) days following staff action on the amendment request and shall include a brief statement describing the amendment and the time and date of when the Planning and Environmental Commission will be informed of the administrative action ~af,~'-deei~iart. In all cases the report to the Planning and Environmental Commission shall be made within twenty (20) days from the date of the staffs decision on the requested amendment. 3. Appeals of staff decisions may be filed by adjacent property owners, owners of property within the Sspecial Ddevelopment Datistrict, the applicant, Planning and Environmental Commission members or members of the Town Council as • outlined in Section 12-3-3 of this Title. B. MajorAmendments: so • 1. Requests for major amendments to an approved Special Ddevelopment Ddistrict shall be reviewed in accordance with the procedures described in Section 12-9A-4 of this Article. 2. Owners of all property requesting the amendment, or their agents or authorized representatives, shall sign the application. Notification of the proposed amendment shall be made to owners of all property adjacent to the property requesting the proposed amendment, owners of all property adjacent to the Sspecial Ds~evelopment Ds~istrict, and owners of all property within the Special Dc~evelopment Dblistrict that may be affected by the proposed amendment (as determined by the Department of Community Development). Notification procedures shall be as outlined in Subsection 12-3-6C of this Title. 12-9A-11: RECREATIONAMENITIES TAX.• A recreation amenities tax shall be assessed on all Sspecial Ddevelopment Ddistricts in accordance with Title 2, Chapter S of this Code at a rate to be determined by the Town Council .This rate shall be based on the rate of the ~~eei~-c~e~.~y„~ underlying zone district or the rate which most closely resembles the density plan for the zone district, whichever is greater. 12-9A-12: TIME REQUIREMENTS: A. Start Of Construction; Completion: The developer must begin initial construction of the Sspecial Ddevelopment Da~istrict within three (3) years from the time of its final approval, and continue diligently toward the completion of the project. If the Special Ddevelopment Ddistrict is to be developed in phases, • the developer must begin construction of subsequent phases within one (1) year of the completion of the previous phase. B. Approval Voided: If the applicant does not begin and diligently work toward the completion of the Sspecial Ds~evelopment Ddistrict or any stage of the Special Ds~evelopment Ddistrict within the time limits imposed by the preceding Subsection, the approval of said Special Ddevelopment Ddistrict shall be void. The Planning and Environmental Commission and Town Council shall review the Sopecial Ddevelopment Ddistrict upon submittal of an application to reestablish the S~peciad Ddevelopment District following the procedures outlined in Section 1 Z-9A-4 of this Article. 12-9A-13: FEES.• The filing fee for Special Development District applications and for major and minor amendments to Special Development District shall be set by the Town Council by resolution. Applications deemed by the Department of Community Development to have significant design, land use, or other issues which may have a significant impact on the community may require review by consultants other than Town staff.' Should a determination be made by the Town staff that an outside consultant is needed to review any Special Development District application, said outside consultant shall be commissioned by the Department of Community Developmen>: s;~r~t3+ .,r r ~<ti°91499i}~xl~pr~ov'R~"9-iT3'::~ti ~~-Irrr~c art o , The Department of Community Development shall estimate the amount of money • necessary to pay the outside consultant, and this amount shall be forwarded to the Town by the applicant at the time the Special Development District application is submitted to the Department of Community Development. Upon si U . completion of the review of the application by the consultant, any of the funds forwarded by the applicant for payment of the consultant which have not been paid to the consultant, shall be returned to the applicant. Expenses incurred by the Town in excess of the amount forwarded by the applicant shall be paid to the Town by the applicant within thirty (30) days of notification by the Town. 12-9A-14: EXISTING SPECIAL DEVELOPMENT DISTRICTS.• Nothing in this Article shall be construed to limit, replace or diminish the requirements, responsibilities, and specifications of Special Development Districts 2 through 21. 7'he Town Council specifically finds that said Special Development Districts 2 through 21 shall remain in full force and effect, and the terms, conditions, and agreements contained therein shall continue to be binding upon the applicants thereof and the Town. These SDDsdist~iets, if not commenced at the present time, shall comply with Section 12-9A-12 of this Article. l7 nA 1C. DL`71 AaTT DDL'AYL'AC'~T ~l1717T17TT/1J~TAT TTC~L' DL'D l./TT - .~.~.r La.u~uu z:ua,-c-i ~ Y ~ ~ . r 1. ~ JEEi~-Cft~l~49~v ~ i ~ i~i6~4E~ #3'E' ~2'Jglli;` ~'ti °91°f~~id ~3 s'~i Y~~.T° e~ aN~'t.'.:.. Section 27. Section 12-9B-3 is hereby amended as follows: • 12-9B-3: CONDITIONAL USES: The following conditional uses shall be permitted subject to issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this Title: Major arcades. - Private or public ofd=street vehicle parking structures. s~rie Pparks and recreational facilities. Public uses, private office and commercial uses that are transportation, tourist or Town related and that are accessory to a parking structure. Temporary construction staging sites. For the purposes of this Section, a temporary construction staging site shall mean a site on which, for a temporary period of time, construction materials, heavy construction equipment, vehicles and construction trailers may be stored. Type III employee housing units (EHU) as provided in Chapter 13 of this Title. Section 28. Article 12-9C is hereby amended as follows: 12-9C-1: PURPOSE: The Ggeneral U~ese Ddistrict is intended to provide sites for public and quasi- public uses which, because of their special characteristics, cannot be appropriately regulated by the development standards prescribed for other zoning districts, and for which development standards especially prescribed for • each particular development proposal or project are necessary to achieve the purposes prescribed in Ssection 12-1-2 of this Title and to provide for the public welfare. The Ggeneral Use Ddistrict is intended to ensure that public buildings s2 • and grounds and certain types of quasi public uses permitted in the district are appropriately located and designed to meet the needs of residents and visitors to Yail, to harmonize with surrounding uses, and, in the case of buildings and other structures, to ensure adequate light, air, open spaces, and other amenities appropriate to the permitted types of uses. 12-9C-2: PERMITTED USES.• The following uses shall be permitted in the GUDdistrict: Passive outdoor recreation areas, and open space. ~~~>Q ~'-#ke Bicycle and pedestrian paths. 12-9C-3: CONDITIONAL USES: A. Generally: The following conditional uses shall be permitted in the GU Ddistrict, subject to issuance of a conditional use ermit in accordance with the P provisions of Cehapter 16 of this Title: Child daycare centers. ~rr~e1~- Equestrian trails. Golf courses. Health care facilities. Helipad for emergency and/or community use. ~B~tals-•r~edies,' sr~ ~;;ta!' ' > Major arcades. • Plant and tree nurseries, and associated structures, excluding the sale of trees or other nursery products, grown, produced or made on the premises. Public and private parks and active outdoor recreation areas, facilities and uses. Public and private schools ~ ~,~~'e; ~,5~'i~~~tfitr's. Public and quasi public indoor community facilities3+. Public buildings and grounds. Public parking structure. Public theaters, meeting rooms and convention facilities. Public tourist/guest service related facilities. Public transportation terminals. Public unstructured parking. Public utilities installations including transmission lines and appurtenant equipment. Religious institutions Seasonal structures or uses to accommodate educational, recreational or cultural activities. Ski lifts, tows and runs. Type Ill employee housing units (EHU) as provided in Cehapter 13 of this Title. Water and sewage treatment plants. 12-9C-4: ACCESSORY USES: The following accessory uses shall be permitted in the GUDdistrict: Minor arcades. • Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof, with the exception of buildings. 83 b 12-9C-S: DEVELOPMENT STANDARDS.• A. Prescribed By Planning And Environmental Commission: In the Ggeneral Use Ddistrict, development standards in each of the following categories shall be as prescribed by the P~tanning and Eenvironmental Coommsssion: B. Reviewed By Planning And Environmental Commission: Development standards shall be proposed by the applicant as a part of a conditional use permit application. Site specific development standards shall then be determined by the Pplanning and Eenvironmental Coommsssion during the review of the conditional use request in accordance with the provisions of Cehapter 16 of this Title. 12-9C-6: ADDITIONAL DEVELOPMENT 5TANDARDS.• Additional regulations pertaining to site development standards and the development of land in the Ggeneral Use Ddistrict are found in Cehapter 14 of this Title. Section 29. Chapter 12-10 is hereby amended as follows: 12-10-6.• PARKING; OFF-SITE AND JOINT FACILITIES: All parking and loading facilities required by this Cehapter shall be located on the same site as the use for which they are required, provided that the Town Ceouncil may permit o, f, j`-site or jointly used parking facilities if located within • three (300) hundred feet f399-~ of the use served. Authority to permit of,~site or joint parking facilities shall not extend to parking spaces required by this T~itte to be located within the main building on a site, but may extend to parking spaces permitted to be unenclosed. Prior to permitting ofJsite or joint parking facilities, the Ceouncil shalt determine that the proposed location of the parking facilities and the prospective operation and maintenance of the facilities will fulfill the purposes of this Cehapter, will be as usable and convenient as parking facilities located on the site of the use, and will not cause traffic congestion or an unsightly concentration of parked cars. The Ceouncil may require such legal instruments as it deems necessary to ensure unified operation and control of joint parking facilities or to ensure the continuation of such facilities, including evidence of ownership, long-term lease, or easement 12-10-7: STANDARDS; AUTHORITY TO ADJUST.• Parking standards shall be those provided in Title 14 of this code. The standards set aut in Title 14 of this code, shall govern the design and construction of all off-street parking and loading facilities, whether required by this Cehapter or provided in addition to the requirements of this Cehapter. Minor adjustments of the dimensions prescribed in this Cehapter may be authorized by the Aadministrator if consistent with generally recognized design standards for oj,~ street parking and loadingfacilities. 12-10-9: LOADING STANDARDS.• Standards for off-street e~s~rec~ loading shall be as follows: • A. Location: All off street loading berths shall be located on the same lot as the use served, but not in the required front setback. Off-street eee~ loading sa G • berths shall be provided in addition to required off-street s~=s~e~ parking and shall not be located within accessways. B. Size.• Each required loading berth shall be not less than twelve (12) feet f~ wide, thirty five (35) feet long, and if enclosed and/or covered, fourteen feet (14) high. Adequate turning and maneuvering space shall be provided within the lot lines. At the Pplanning and Eenvironmental Ceommission's discretion, variations to the minimum loading berth dimension standards outlined above may be approved or required, subject to the Pplanning and Eenvironmental Coommsssion finding that such variation is necessary to prevent negative impacts to the public right of way. 12-10-13: LOADING REQUIREMENTS SCHEDULE: Off-street loading requirements shall be determined in accordance with the following schedule: Use Loadine Reauirement Any use listed as a Loading facilities requirement to be determined conditional use by the te~a:i ~e~erl Planning and Environmental Commission as a condition of the conditional use permit, but not less than the comparable requirement prescribed above 12-10-16: EXEMPT AREAS,• PARKING FUND ESTABLISHED: • A. Criteria; The Town Ceouncil by resolution may exempt certain areas from the o, f, j`-street parking and loading requirements of this Cehapter if alternative means will meet the off-street parking and loading needs of all uses in the area. Prior to exempting any area from the offstreet parking and loading requirements, the Ceouncil shall determine the following: B. Parking Fund 2. The parking fee to be paid by any owner or applicant shall be determined by the Town Ceouncil. 3. If any parking funds have been paid in accordance with this Section and if subsequent thereto a special or general improvement district is formed and assessments levied for the purpose of paying for parking improvements, the payer p~+er~shall be credited against the assessment with the amount previously paid. 12-10-17: LEASING OF PARKING SPACES.• B. Lease Qualifications; Application To Lease: 1. Any owner, occupant or building manager who owns, occupies or manages ten (10) or more private parking spaces located in Coommercial Ceore 1, Coommercial Ceore 2, Coommercial Ceare 3, H~kigh Ddensity Mmultiple- F{amily, Ppublic Aaccommodations, Lionshead Mixed Use 1 ~1 m~.~ Lionshead Mixed Use 2, Irarrl m'~eat-ars: 2 Commercial Service Center or Special Ddevelopment zone districts and provides suf~jicient parking for use by employees may apply to the Addministrator of the Town for a permit to lease parking spaces. 2. Application shall be made on a form provided by the Administrator and upon approval of the application by th~Aadministrator a leasing permit shall be • issued with or without condition as determined by the Aadministrator. If the Administrator ;;fsff determines that the lease proposal results in a visual impact to surrounding streets or property, the Aadministrator may condition the i 85 B • approval with a requirement that the applicant install landscaping on the site to improve the visual appearance of the parking area. If said private parking spaces are located on the common area or grounds of any condominium project, written approval of the condominium association (if any) will be required on this application. 3. The Aadministrator may request that an applicant conduct a parking utilization study to determine the di, f~erence between the average capacity of the lot and the peak day utilization, and such other information as may be necessary for the proper consideration of the application. 4. The proposed lease agreement shall be for the period of not less than one month nor greater than twelve (12) months. When requested, the Asdministrator may extend the lease agreement for an additional twelve (12) months so long as the conditions relating to the parking spaces have not significantly changed. Any applicant wishing for an extension to an established lease agreement, must submit an application to the Aadministrator no later than two (2) weeks prior to the termination of the existing approval. S. No applicant shall be permitted to lease more than sixty percent (60%) of the parking spaces which is the di~`erence between the average capacity of the lot and the peak day utilization as determined by the Aadministrator. 8. It shall be the responsibility of the owner, occupant or building manager who has leased spaces to others to provide adequate and proper signs ~tkePefer on the premises and to see that the leased spaces are used and occupied in accordance with the lease agreement. 10. Car rental agencies may lease parking spaces only in the CC3 ~er~e-Ddistrict, • and shall be limited to a maximum of fifteen (1 S) parking spaces per site. Each site may be allowed a maximum of one lease for a car rental agency. 12-10-20: SPECIAL REVIEW PROVISIONS: Notwithstanding the provisions of S~eetion 12-10-18 of this Cehapter, the Pplanning and Eenvironmental Ceommission may approve a reduction to the number of required spaces specified in Ssection 12-10-10 of this Cehapter, provided a report documenting the presence of unique parking characteristics is provided by a qualified consultant and the following fndings are made by the Pplanning and Eenvironmental Ceommission: In reaching a decision, the Pplanning and Eenvironmental Ceommission shall consider survey data submitted by a qualified transportation planning or engineering consultant. Projects under "special review" are subject to additional scrutiny by the Pplanning and Eenvironmental Ceommission after development plan approval if it is deemed necessary to verify continued compliance with the above listed criteria. The maximum allowable reduction in the number of required spaces shall not exceed twenty five percent (2S%) of the total number required under Ssection 12-10-10 of this Cehapter. 12-10-21: PARKING PAYINLIEU ZONES ESTABLISHED: The "Parking Pay-in-Lieu Zone" maps (attached to ordinance 4, series of 2001, and available for inspection in the ojjice of the Town Celerk) shall be used to identify properties within the parking pay in lieu zones referenced in Ssection 12- • 10-16 of this Cehapter. Properties will be required to comply with the amended program upon demolition/rebuild. Properties not included in the pay in lieu zones may apply to the Pplanning and Eenvironmental Ceommission for review 86 i 6 • if the provision of on site parking on the property would circumvent relevant objectives of applicable Comprehensive o Pplan documents including, but not limited to, parking, pedestrianization, and vehicle penetration elements. Section 30. Chapter 12-11 is hereby amended as follows: 12-11-1: PURPOSE B. Area Character Protection: These factors constitute an important economic base for the Ttown, both for those who earn their living here and for those who view the Ttown as a precious physical possession. The Ttown Ceouncil finds that new development and redevelopment can have a substantial impact on the character of an area in which it is located. Some harmful effects of one land use upon another can be prevented through zoning, subdivision controls, and building codes. Other aspects of development are more subtle and less amenable to exact rules put into operation without regard to specific development proposals. Among these are the general form of the land before and after development, the spatial relationships of structures and open spaces to land uses within the vicinity and the Ttown, and the appearance of buildings and open spaces as they contribute to the area as it is being developed and redeveloped. In order to provide for the timely exercise of judgment in the public interest in the evaluation of the design of new development and redevelopment, the Town Ceouncil has created a Ddesign Review Bboard (DRB) and design criteria. • 12-11-2: DEFINITIONS AND RULES OF CONSTRUCTION.• A. Basis For Meanings: Any words, terms, or phrases used in this design review guide shall be defined and interpreted in accordance with the definitions contained in Section 12-2-2 of this T~Eitle, unless the context clearly indicates a different meaning was intended. If the context is unclear, the matter will be referred to the Ddesign Review Bboard forfinal determination. 12-I1-3: DESIGNAPPROVAL: C. Nonconforming Sites And Structures; Effect Of Design Guidelines: 2. From the effective date of July 21, 1998, there shall be permitted aone-time exclusion from this provision for an expansion to single family, two family, and primary/secondary residential dwelling units. This one-time exclusion shall be allowed for a single expansion of five hundred (S00) square feet or less of allowable GRFA or garage area credit per dwelling unit. In which case, structures may be expanded without requiring upgrades to entire structures and sites to conform to ~+rt# the design guidelines. The addition itself, however, shall conform to ~wi~t# the design guidelines. An expansion which is greater than five hundred (S00) square feet, or any subsequent expansion to a structure, regardless of size, shall require full compliance of the dwelling unit with the design guidelines. 12-11-4: MATERIAL TO BE SUBMITTED; PROCEDURE: B. Conceptual Design Review: 1. Submittal Requirements: The owner or authorized agent of any project • requiring design approval as prescribed by this Chapter may submit plans for conceptual review by the Design Review Board to the Department of Community Development. The purpose of a conceptual review shall be to give the applicant a 87 b • basic understanding with respect to the design concept and the compatibility of a proposal with the design guidelines contained within this Chapter. This procedure is recommended mainly for those applications of a higher impact than single family and two family residences although projects of that nature shall not be excluded the opportunity to request a conceptual design review. The following information shall be submitted for a conceptual review ten (10) days prior to a scheduled Design Review Board meeting: e. Planning and Eenvironmental Ceommission and/or Ttown Ceouncil approval if required. ' 2. Staff;• Board Procedure: a. Upon receipt of an application for conceptual design review the Dstepartment of Ceommunity Ddevelopment shall review the submitted materials for general compliance with the appropriate requirements of the Zoning Regulations eerie. If the proposal is in basic compliance with the Zoning Regulations, ess~e ~ae~~ri~erne~~s the project shall be forwarded to the Ddesign Review Bboard for conceptual review. If the application is not generally in compliance with the Zoning Regulations, eea~e ~e~atr~eo~errts the application and submittal materials shall be returned to the applicant with a written explanation of the DsTepartment of Ceommunity D~levelopment's findings. b. The Ds~esign Review Bboard shall review the application and supporting material that has been submitted for a conceptual review in order to determine whether or not the project generally complies with the design guidelines, and forward comments concerning the design to the applicant. No vote of the design review board will be required unless requested by the applicant. The property • owner or his/her representative shall be present at the Ddesign Review Board hearing. C. Preliminary And Final Design Review: 1. The owner or authorized agent of any project requiring design approval as prescribed by this Cehapter shall submit for final design approval all of the following material to the Asdministrator, unless the Administrator determines within five (S) days of a written request for such determination that some of the following material may be excluded.• h. Sign Regulations Compliance: Scale drawings, plans renderings, photographs or other information required by the sign ordinance codified in T~title 11 of this Ceode, showing in detail design, materials, and colors and specifying the method of illumination. Locations of proposed signs shall be indicated by a numbering system or other clearly comprehensible system of reference to the site plan prescribed in Subsection CI d of this Section. Upon request of the Aadministrator, samples of sign materials shall be submitted. i. Erosion And Revegetation Plan: Erosion control and revegetation landscaping plans. (1) Plan Required: In all developments involving two (2) or more acres, an erosion control plan will be required. For developments involving less than two (2) acres, an erosion control plan may be required by the Dblepartment of Ceommunity Ds~evelopment, based upon conditions of slope and soil stability. (3) Review Of Pdan: The Ddepartment of Ceommunity Development shall review and approve all erosion control plans and shall maintain a list of erosion control practices, both structural and nonstructural. • (S) Revegetation Landscaping: Such plan shall be required of any applicant proposing to remove or disturb existing vegetation. Potential damage to existing landscaping/vegetation shall be adequate reason for requiring a revegetation ss B • plan. At a minimum, plans submitted under this Subsection shall include revegetation of land disturbed by development and construction activity. The Department of Ceommunity Development shall establish and maintain a list of revegetation best management practices. (6) Additional Requirements. In addition to the above requirements, the Department of Ceommunity Development may require any or all of the following: j. NPDES Permit: An approved national pollutant discharge elimination system permit for storm water discharges to surface waters resulting from developments draining two (2) or more acres shall be presented. In lieu of such permit, the developer of an area of two (2) or more acres may present a "no discharge" storm water drainage plan, which may include such measures or detention ponds, high curbs, and infiltration galleries. The Department of Ceommunity Development shall establish and maintain a list of such "no discharge" measures. m. Lighting Plan: An outdoor lighting plan shall be submitted separately from the site plan or landscape plan, and shall show the location, the height above grade, the type of illumination (such as incandescent, halogen, high pressure sodium, etc.), the source lumens, and the luminous area for each light source which is proposed. The applicant shall provide documentation that the lights meet the standards set forth in Section 12-11-5 of this Cehapter. In addition to locating this information graphically on a plan, the applicant shall provide the information on the application form provided by the Department of Ceommuniry Development. • 2. Sta, f~' Or Design Review Board Procedure: The Department of Ceommunity Development shall check all material submitted for design review for compliance with the applicable provisions of the Zoning Regulations eerie, Subdivision Regulations, and with this Subsection C (the submittal requirements of this Section as outlined above). If the application is found to be in compliance with the applicable provisions of the Zoning Ceode, Ssubdivision Regulations, and this Ssubsection C, the project shall either be placed upon the agenda of the next appropriately scheduled Design Review Board meeting in accordance with the required application submittal deadlines on file in the Department of Ceommunity Development, or be reviewed by the A,~dministrator in accordance with Ssubsection C3 of this Seection (staff approval). If the application is found not to be in compliance with the applicable provisions of the Zsoning Regulations eerie and this Subsection C, the application and materials shall be returned to the applicant with an explanation of the Administrator's findings. The Asdministrator may require any additional items from the applicant as may be necessary for complete and proper design review. a. The Administrator or the Design Review Bboard shall review the application and supporting material, and if the design of the project is found to comply with the objectives and design guidelines of this Cehapter, the Administrator or the Design Review Bboard shall approve the design of the project, documenting such approval in writing and noting any conditions of approval. If additional items are needed, as specified herein, to determine whether the project will comply with the purpose statement and design guidelines • of this Cehapter, the Design Review Board may give preliminary approval or table the project until the next regularly scheduled meeting. If the project is tabled or if preliminary approval is given, the board shall specify the conditions 89 a • and additional and/or modified materials which must be submitted by the applicant to the Design Review Bboard or to the Asdministrator, including any changes in the design of the project. The applicant may also table the application to a future meeting for any reason. b. If the project is found to conflict with the design guidelines, the Aadministrator or the Design Review Board shall disapprove the design of the project. Any disapproval shall be in writing and shall specifically describe the design guidelines with which the design of the project does not comply and the manner of noncompliance. c. Following the final review of an application by the Design Review Board at a public meeting, the Design Review Board shall have thirty (30) days to consider and approve or deny an application. The time for action may be extended at the request of the applicant. d. If changes in the design of the project are requested, the Design Review Board shall approve, disapprove or request further changes within thirty (30) days of the meeting at which the Design Review Board receives the changes unless an extension is agreed to by the applicant. e. The applicant or his/her authorized representative shall be present at the Design Review Board meeting. 3. Staff Approval: The Aadministrator may approve any of the following applications: a. Any application to modify an existing building that does not significantly change the existing planes of the building and is generally consistent with the architectural design, including, but not limited to, exterior building finish • materials (e.g., stonework, siding, roof materials, paint or stain), exterior lighting, canopies or awnings, fences, antennas, satellite dishes, windows, skylights, minor commercial facade improvements, and other similar modifications; b. Any application for an addition to an existing building that is consistent with the architectural design, materials and colors of the building, and approval has been received by an authorized member of a condominium association, if applicable; c. Any application to remove or modify the existing vegetation or landscaping upon a site; and d. Any application for site improvements or modifications including, but not limited to, driveway modifications, site grading, site walls, installation of accessory structures or recreational facilities. In the above specified cases, the Administrator may review and approve the application, approve the application with certain modifications, deny the application, or refer the application to the Design Review Bboard for decision. All other applications shall be referred to the Design Review Board. 12-11-5: DESIGN GUIDELINES: The design guidelines for all development are contained in Title #1e-14 of this Ceode. 12-11-6: PARKDESIGN GUIDELINES: A. Purpose: These guidelines shall be used by the Design Review Board . in reviewing any proposals for the development of Town park land. The guidelines shall be used in conjunction with the general design review guidelines found in Title 14 of this Ceode. It is the intent of these guidelines to leave as 90 b • much design freedom as possible to the individual designer while at the same time encouraging park development that will complement the natural beauty of our park land. The purpose of the guidelines is to provide continuity in the character of the parks which will be developed over many years. The guidelines will provide consistent design criteria to maintain the quality of Town parks through all phases of development. 12-11-7: DESIGNREVIEWFEE: The Town Ceouncil shall set a design review fee schedule sufficient to cover the cost of Town staff time, consultant's fees, and incidental expense. 12-11-8: PERFORMANCE BOND: The Bbuilding Oe~cial shall not issue a final certificate of occupancy for structures which have obtained design review approval until upon inspection it is determined that the project is constructed in accordance with the approved design review application and plans, and all improvements, amenities and landscaping have been installed. The Bbuilding Oefficial may issue a temporary certificate of occupancy not to exceed two hundred ten (21 D) days upon the applicant posting with the Ddepartment of Ceommunity Development a performance bond or other security acceptable to the Town Ceouncil in the sum of one hundred twenty five percent (125%) of the bona fide estimate of the cost of installing landscaping and paving and other accessory improvements provided for in the approved design review application and plans. If said landscaping, paving, and other accessory improvements are not installed by the applicant • within the period allowed, the temporary certificate of occupancy may be revoked until the same are installed by the applicant or by the Town pursuant to the terms of the performance bond or other accepted security that has been approved by the T,town. 12-11-11: ENFORCEMENT; INSPECTION.• Before occupying or using any structure included in a design review application, the applicant must obtain an occupancy certificate after inspection by the Department of Ceommunity Ddevelopment. The Department of Ceommunity Development shall inspect the site to ensure that the work has been completed in accordance with the application and plans approved by the Design Review Bboard. It shall be the duty of the property owner or his/her authorized agent to note the Department of Ceommunity Development that such work is ready for inspection in order to ascertain compliance with approved plans. If the project is found upon inspection to be fully completed and in compliance with the approved design review application and plans, the Department of Ceommunity Development shall issue a final certificate of occupancy. If the project is found to be completed in such a manner that a temporary certificate of occupancy may be issued as specified by the adopted building code, the applicant shall post a bond as set forth in Section 12-11-8 of this Cehapter. Upon forfeiture of said bond or surety, the Town shall proceed to install the improvements for which bond or surety was posted. In the event that the cost of installing the improvements exceeds the amount of the bond, the owner of said property shall be individually liable to the Town for the additional costs thereof. Furthermore, • the amount that the cost of installing said improvements exceeds the amount of the performance bond shall automatically become a lien upon any and all property included within the design review application. 91 B Section 31. Chapter 12-12 is hereby amended as follows: 12-12-1: PURPOSE: Submission and review of an Eenvironmental Impact lt~eport on any private development proposal or public project which may affect to any significant degree the quality of the environment in the Town or in surrounding areas is required to achieve the following objectives: 12-12-2: APPLICABILITY: An Eenvironmental Impact Report shall be submitted to the Administrator for any project for which such a report is required by Federal or State law, or for any project which the Administrator determines may significantly change the environment, either during construction or on a continuing basis, in one or more of the following respects: . • 12-12-3: EXEMPT PROJECTS: ' An Eenvironmental Impact Report shall not be required for the following projects: B. A phase of a project for which an Eenvironmental Impact Report previously was submitted and reviewed covering the entire project, provided that the project was approved and not subsequently altered. 12-12-4: STUDIES AND DATA REQUIRED: A. Range Of Studies: The Eenvironmental Impact Report shall be based on systematic studies conducted by the Town staff or by professional consultants, as determined by the Administrator. The Eenvironmental Impact Report on a public project may be prepared by the responsible public agency or by professional consultants it engages. The range of studies needed to develop the technical data for an F.environmental I3mpact Report includes the following natural systems and other studies: B. Summarization: The Eenvironmental Impact Report shall summarize the findings and recommendations of the technical and other supporting studies in terms that can be assessed and evaluated by Town officials and the general public. Technical data shall be submitted as supporting documentation. Technical data prepared as a part of any other procedure or requirement of this Chapter, or of any other ordinance or Federal, State or Town regulation, also may be used to support an Eenvironmental I}xnpact Report. 12-12-5: REPORT CON i t:NTS: A. Information And Analysis: The Eenvironmental I}mpact Report shall contain information and analysis, in sufficient detail and adequately supported by technical studies, to enable the Town Council to judge the environmental impact of the project and to judge measures proposed to reduce or negate any harmful impacts. B. General Statement; Descriptive Materials: The Eenvironmental Impact Report shall include a general statement, describing the proposed project and its purpose, identifying the owner and/or sponsors, and, if a public project, identifying the funding source and time schedule. Descriptive materials, maps, and plans shall be submitted showing the following information: 92 B • C. Environmental Inventory: The Eenvironmental Impact Report shall include an environmental inventory, providing complete information on the environmental setting existing prior to the proposed project and containing sufficient information to permit independent evaluation by reviewers of factors that could be affected by the proposed project. The environmental inventory shall include maps, photographs, or other appropriate illustrative material. E. Analysis: The Eenvironmental Impact Report shall include a comprehensive, qualitative and quantitative analysis of any significant impact that the proposed project will have on the environment. The analysis shall describe temporary effects that will prevail during construction, and long-term effects that will prevail after completion. The analysis shall describe both beneficial effects and detrimental effects. The analysis shall consider primary effects and secondary effects which will result from the project. The analysis portion of the Eenvironmental Impact Report shall fully assess the following items: 12-12-6: REPORT; ADDITIONAL MATERIAL: The Administrator may further prescribe the form and content of an Eenvironmental Ilmpact Report, setting forth in greater detail the factors to be considered and the manner in which the report shall be prepazed, and may require submission of information in addition to that required by Section 12-12-5 of this Chapter. 12-12-7: TIME SCHEDULE: • The Eenvironmental Impact Report required under this Chapter shall be prepared within thirty (30) days of the date that plans aze submitted for design review as prescribed in Sections 12-12-4 through 12-12-6 of this Chapter, subject to extension of the time period to a maximum of ninety (90) days by the Planning and Environmental Commission. The time period may be extended to a maximum of one hundred eighty (180) days if seasonal conditions prevent a comprehensive analysis. 12-12-8: FEE: In the event that the Town engages professional consultants to prepare an Eenvironmental Impact Report, the cost shall be paid by the sponsor of the project. The sponsor may be required to deposit a fixed sum in advance to cover the cost of the report, with the unexpended balance returnable to the sponsor. 12-12-9: SUBMISSION OF REPORT TO OFFICIALS: The Eenvironmental Iimpact Report shall be submitted to the Administrator. The Administrator shall prescribe the number of copies to be submitted. The Administrator shall notify the Town Council, the Planning and Environmental Commission, and the Design Review Board of receipt of an Eenvironmental Ilmpact Report, and shall transmit copies of the report upon request. Environmental Ilmpact Reports shall be available for public review in the offices of the Town. 12-12-10: TIME LIMIT; SUPPLEMENTARY INFORMATION: • B. Supplementary Data: The Commission may receive additional statements or supporting materials from the sponsor of a project, from the Town staff, from professional consultants, or from others. Such additional materials may be 93 B • considered as supplementary or amendatory to the Eenvironmental Impact Report. 12-12-11: ACTION BY COMMISSION: A. Criteria For Decision: Following review of the Eenvironmental Impact Report, the Planning and Environmental Commission shall approve, disapprove, or request changes in the project in writing. The Planning and Environmental Commission shall approve the project unless it finds that either the project will have significant long-term adverse effects on the environment with respect to the natural systems or other factors studied as prescribed in Section 12-12-4 of this Chapter or the project will have short-term adverse effects on the environment so detrimental that public health, safety or welfare considerations preclude approval of the project. In the case of either finding, if changes in the project aze feasible which ameliorate or avoid the adverse effects on the environment sufficiently to permit approval of the project, the Planning and Environmental Commission, in writing, shall describe those changes and request those changes be made. If the Planning and Environmental Commission determines that the changes are not feasible, it shall disapprove the project in writing, describing the adverse effects on the environment, the significance of the effects either to the natural systems or other factors studied as prescribed in Section 12-12-4 of this Chapter or to the public health, safety or welfaze and the Planning and Environmental Commission's reasons for concluding that no changes in the project are feasible to ameliorate or avoid those effects. • 12-12-12: PERMIT ISSUANCE: A. Conformance To Environmental Impact Report: Upon approval of the project, applicable permits may be issued and the project may proceed, subject to such additional requirements, permits, or authorizations as may be required by this Title and by other applicable ordinances or regulations of the Town. No permits shall be issued and no authorizations shall be granted which would allow a project to proceed in the event that the Planning and Environmental Commission does not grant approval of the Eenvironmental Ilmpact Report after review. No permits shall be issued and no authorizations shall be granted for any project which does not conform substantially to the description of the project contained in the Eenvironmental Impact Report. B. Exception: This Section shall not apply to a project for which an Eenvironmental Impact Report is not required, as prescribed in Section 12-12-3 of this Chapter. Section 32. Section 12-13-3 is hereby amended as follows: 12-13-3: GENERAL REQUIREMENTS.• A. Deed Restriction, Occupancy Limitations, Reporting Requirements -Types I, II, IIl, And Y.• 3. For an EHU which can be sold separately, the EHU must be occupied by the owner of the EHU as a permanent residence, except for Type III employee housing units, which may be occupied by any person meeting the employment • requirements contained herein. For the purpose of this Subsection, a 'permanent residence"shall mean the home or place in which one's habitation is fixed and to which one, whenever he or she is absent, has a present intention of 94 • returning after a departure or absence from said home or place •tlter~r, regardless of the duration of absence. In determining what is a permanent residence, the Town staff shall take the following circumstances relating to the owner of the residence into account: business pursuits, employment, income sources, residence for income or other tax purposes, age, marital status, residence of parents, spouse and children if any, location of personal and real property, and motor vehicle registration. Thirty (30) days prior to the transfer of a deed for an EHU, the prospective purchaser shall submit an application to the Department of Community Development documenting that the prospective purchaser meets the criteria set forth herein and shall include an affidavit affirming that he or she meets these criteria. B. Deed Restriction, Occupancy Limitations, Reporting Requirements - Type IV.• All Type IY employee housing unit deed restrictions shall be incorporated into an agreement in a form and substance acceptable to the Town manager and Town attorney. C. Development Standards: S. An EHU may be located in, or attached to, an existing garage (existing on or before April 18, 2000, and whether located in a required setback or not), provided that no existing parking required by this code is reduced or eliminated. A type I EHU which has five hundred (S00) square feet or less of GRFA may be considered for physical separation from the primary unit, if it is constructed in conjunction with a two (2) car garage and is otherwise compatible with the surrounding properties, does not have an adverse impact on vegetation, and does not dominate the street. The Ddesign Review Bboard shall review such requests • for separation. D. Application Requirements: 2. EHU applications requiring a conditional use permit are subject to review and approval by the Pplanning and Eenvironmental Ceommission as provided for in Cehapter 16 of this Title. 3. EHU applications which do not require a conditional use permit shall be reviewed by the Department of Coommunity Ddevelopment subject to a design review application. S. Any existing legal nonconforming dwelling unit in the Town may be converted to an EHU administratively by the Town without obtaining a conditional use permit. Dwelling units and lock off units which exist as of the date hereof but which are nonconforming with respect to density and GRFA may be converted to a conforming EHU administratively by the Town, as long as they otherwise comply with the development standards and parking requirements found herein and comply with the building code requirements of the Town. Upon being converted to an EHU per this Ssection, such dwelling units shall be considered legally conforming EHUs and shall be governed by all requirements of this Cehapter. F. Written Management Plan For Type VI Housing: For the purposes of this Title, a type VI employee housing unit is an employee housing unit which shall be governed by a written management plan or other written program approved by the Pplanning and Eenvironmental Ceommission. The management plan is the principal document in guiding the use of a type VI employee housing unit. The management plan shall be reviewed and approved by the Pplanning • and Eenvironmental Ceommission as part of the conditional use permit application for a type VI employee housing unit in accordance with the provisions of Cehapter 16 of this Title. 95 • 1. Management Plan; Required Contents.• e. Affidavit: No later than February 1 of each year, the owner of a type VI employee housing unit shall submit two (2) copies of a sworn affidavit to be obtained from the Ddepartment of Ceommunity D~ievelopment, to the Ds~epartment of Ceommunity Ddevelopment setting forth evidence establishing that the employee housing unit has been used in compliance with the management plan. f. Other Items: Such other items as the Pplanning and Eenvironmental Ceommission or the Asdministrator may deem necessary to the proposed management plan. g. Amendments: Amendments to an approved management plan shall be reviewed by the Pplanning and Eenvironmental Ceommission in accordance with this Ssection. Section 33. Chapter 12-14 is hereby amended as follows: 12-14-1: APPLICABILITY.• The provisions of this Cehapter shall be efi`ective in all zone districts or, where specified, in particular zone districts, and shall be in addition to the regulations prescribed for each zone district. 12-14-10.• APPLICATION AND INTERPRETATION OF HEIGHT LIMITS: Where a building is designed to have the appearance of separate, identifiable • structures joined only by lower portions of the same structure, or adjoining for less than twenty five percent (25%) of the perimeter of the portion of the structure to another portion of the structure, each separate or identifiable portion may be considered a separate structure for the purpose of determining height limits. Determination of portions of a structure having the appearance of separate, identifiable structures shall be made by the Asdministrator. 12-14-11: APPLICATIONAND INTERPRETATION OF LOT LINES: Where a lot or site does not have frontage on a street, or where access is by means of an easement or other right over adjoining properties, by means of an extension of a portion of the site, or by means of a private driveway, road, or street, the line where principal access to the lot is attained shall be deemed the front lot line, and setback areas shall be determined from said front lot line ~14ePef~ern. A portion of a lot or site less than twenty feet (20) in width providing access from a street to the principal portion of the site shall not be used in calculating permitted gross residential floor area on the site. 12-14-12: HOME OCCUPATIONS: A. Permit Required: The conduct of a home occupation, where permitted as an accessory use by the provisions of this Ttitle, shall be subject to issuance of a home occupation permit by the Aadministrator. Application shall be made on a form prescribed by the Aedministrator, and shall be accompanied by a statement fully describing the nature of the home occupation, including hours of operation, equipment or machinery to be used, anticipated number of customers, clients or • students, and other features of the home occupation. The application shall describe in detail the manner in which the home occupation will conform ~tt# to the requirements of this Cehapter. 96 • B. Application Contents: An application for a home occupation permit shall be made upon a form provided by the Aadministrator. The application shall be supported by documents, maps, plans, and other material as requested by the Aadministrator to evaluate the proposal. Application materials may include, but not be limited to, floor plans, site plans, parking and traffic circulation plans, verbcation of liability insurance, and title reports. C. Permit Issuance And Findings: After review of the application, the Aedministrator may issue a home occupation permit if he/she finds that the proposed use will conform ~++rth to the requirements of this Cehapter. The permit may be subject to such conditions as the Aadministrator deems necessary to guarantee operation of the home occupation in accordance with the requirements of this Cehapter and compatibly with other uses in the vicinity. The Administrator shall deny the application if he/she finds that the proposed use will not conform # to the provisions of this Cehapter, or would be injurious or detrimental to other properties in the vicinity. D. Permit Time Limit; Renewal: Home occupation permits, when issued, shall be for a limited time period not exceeding one year. Permits shall be renewable upon application, subject to such regulations as shall be in effect at the time of application for renewal. The Aadministrator shall make the same f ndings with respect to an application for renewal as for the original issuance of a home occupation permit. 12-14-13: REGULATIONSAPPLICABLE TO PARTICULAR USES: • The regulations set out in Ssection 12-14-14 of this Cehapter shall be applicable to the uses listed in that Ssection in any zone district in which the use is a permitted use or a conditional use. 12-14-1 S: SIGN REGULATIONS: All signs shall be regulated in accordance with the provisions of T#itle 11 of this Ceode. The Town Ceouncil may by ordinance provide for the administration and enforcement of the provisions of Title I1 by the Aadministrator or other administrative official, and may provide for review and approval procedures pursuant to Ttitle I1 by the Ddesign Review Bboard established by this Title. 12-14-16: PROPERTY OWNER MAINTENANCE RESPONSIBILITY.• Property owners shall be responsible for improving the area from their property line to the edge of roadway, including necessary drainage. Improvement of the area shall be designed so as not to impede snow plowing or impair visibility at street intersections, which improvement shall be approved by the Ddepartment of Ppublic W~+orks. 12-14-17: SETBACK FROM WATERCOURSE: ' Minimum setback from a creek or stream shall be not less than thirty feet (30) from the center of the established creek or stream channel as defined by the Town Ceomprehensive Pplan base maps; provided, however, that the setback from Gore Creek shall be fifty feet (SO). Natural creek or stream channels may not be rechanneled or changed. • 12-14-18: BED AND BREAKFAST OPERATIONS: 97 6 • C. Compliance.• It shall be unlawful for a bed and breakfast operation to do business without a conditional use permit from the Pplanning and Eenvironmental Ceommission after June 12, 1990, or to operate in violation of any of the provisions of this Ceode. D. Discontinuance: Any bed and breakfast operation which is discontinued for a period of twelve (12) months, regardless of any intent to resume operation of use, shall not be resumed thereafter, and any future use of the site or structures thereon shall conform iait# to the provisions of this Ttitle. E. Review Of Decision: The Tfown Ceouncil, the applicant, adjacent property owner or the Ttown M,manager, may appeal/call up to the Ttown Ceouncil for review any decision made by the Pplanning and Eenvironmental Ceommission regarding a conditional use permit for bed and breakfast as per Ssection 12-3-3 of this Title. 12-14-19.• SATELLITE DISHANTENNAS.• A. Purpose: The purposes of this Section is are as follows: 2. To protect and support the aesthetic concerns of the Ttown, a resort community which must remain aesthetically pleasing to visitors to remain economically viable. C. Application; Review: Satellite dish antennas shall comply with all the requirements set forth herein. Person or persons wishing to install a satellite dish antenna within the Ttown shall submit an application to the Department of Ceommuniry Da~evelopment for review. The application shall set forth the following: • 1. Completed Ddesign Review B,~oard application form. 2. Site plan showing proposed location of the satellite dish antenna. 3. Description of the satellite dish antenna (i.e., size, design, materials, etc). 4. Color sample (if applicable). S. Landscape plan (cf applicable). 6. An improvement location certificate and/or a preliminary title report. 7. Elevations, perspectives or renderings if deemed applicable by the staff of the Ddepartment of Ceommuniry Ddevelopment. Upon receipt of application, it shall be reviewed by the Department of Ceommuniry Ddevelopment. If the Ddepartment of Ceommuniry Ddevelopment determines that the requirements set forth herein have been met, they shall forward the application to the Ddesign Review Bboard for consideration of whether or not the satellite dish antenna meets the requirements set forth herein in Subsection IZ-11-SHof this Ttitle. D. Compliance With Requirements; Variance: 1. Requirements.• Satellite dish antennas shall comply with the following requirements: a. No more than one satellite dish antenna shall be allowed on any lot as delineated on the Official Zoning Map ~?~yt~ rr?~p. g. Issuance of a building permit from the Ddepartment of Ceommunity Ddevelopment shall be required prior to the installation of any satellite dish antenna. h. Adjacent property owners and owners of dwelling units on the same lot as the applicant shall be notified of any application for the installation of a satellite • dish antenna. Notification procedures shall be as outlined in Seubsection 12-3- 6C of this Title. Names and mailing addresses of adjacent property owners and 98 I • of owners of dwelling units on the same lot as the applicant shall be provided to the Da~epartment of Ceommunity Ddevelopment by the applicant. i. Due to the special aesthetic importance of the core areas of the Town, exterior installations of satellite dish antennas in Ceommercial Ceores 1, 2, Lionshead Mixed Use 1, and Lionshead Mixed Use 2 gene Ddistricts shall be permitted only if screened by some type of enclosing structure. Said structures required to enclose a satellite dish antenna in these areas shall comply with all applicable zoning regulations and shall be architecturally compatible with the existing structure. Section 34. Section 12-15-2 is hereby amended as follows: 12-15-2: GRFA REQUIREMENTS BY ZONE DISTRICT: Zone Districts GRFA Ratio GRFA CREDITS (Added to results of application of Percentage) HR 0.43 of site 10, 000 sq. ft., plus None Hillside Residential 0.25 of site area > 10, 000 and 5 22, 000 sq. ft., plus 0.07 of site area > 22, 000 sq. ft. • SFR 0.40 of site area 10, 000 sq. ft., None Single-Ffamily plus R,~esidential 0.13 of site area > 10, 000 sq. ft. R 0.46 of site area 10,000 sq. ft., None Two-Ffamily plus R~residential 0.38 of site area > 10,000 and < 1 S, 000 sq. ft., plus 0.13 of site area > 1 S, 000 and 30, 000 sq. ft., plus 0.06 of site area > 30, 000 sq. ft. PS 0.46 of site area < 1 D, ODO sq. ft., None Two-Ffamily plus Pprimary/ 0.38 of site area > 10,000 and Ssecondary 1 S, 000 sq. ft., plus Residential 0.13 of site area > IS,000 and < 30, 000 sq. ft., plus 0.06 of site area > 30, 000 sq. ft. (the secondary unit shall not exceed 40% of the allowable GRFA) RC 0.36 of buildable area None Residential Celuster LDMF 0.44 of buildable area None Low Ddensity • M~ultiple- F#amily 99 B • MDMF O.S6 of buildable area None Medium Ds~ensity M~ultiple- F#amily HDMF 0.76 of buildable area None High Ddensity M~ultiple- F#amily H Per Planning and Eenvironmental None Housing Ceommission approval PA 0.80 of buildable area None Public ' Aerccommodation CCI 0.80 of buildable area None Commercial Ceore 1 CC2 0.80 of buildable area None Commercial Ceore 2 CC3 0.30 of buildable area None Commercial Ceore 3 • CSC 0.40 of buildable area None Commercial (GRFA shall not exceed SO% of the Sservice Center center total building floor area on any site) ABD 0.60 of buildable area None Arterial Bbusiness HS None permitted None Heavy Service LMU-1 2.5 of buildable area None Lionshead Mixed Use 1 LMU-2 2.5 of buildable area None Lionshead Mixed Use 2 A 2,000 sq. ft. None Agricultural and Oepen Sspace OR None permitted None Outdoor Recreation P None permitted None Parkin GU Per Planning and Eenvironmental None . General Use Ceommission approval NAP None permitted None ioo e . Natural Aa~rea I Preservation SBR Per Town Ceouncil approval None Ski Base/Recreation SDD Per underlying zoning or per None Special development plan approval by Ds~evelopment Ttown Ceouncil Districts SBR2 Per Pplanning and Eenvironmental None Ski. Ceommission approval Base/Recreation 2 Section 35. Section 12-15-3 is hereby amended as follows: 12-1 S-3: DEFINITION, CALCULATION, AND EXCLUSIONS: 12-1 S-3A: Within The Hillside Residential (HR), Single-Family Residential (SFR), Two-Family Residential (R), And Two-Family Primary/Secondary Residential (PS), L>istricts: lA: (4) Attic Areas With ~s Non truss System: Attic areas created by . construction of a roof structure utilizing a ~s non-truss system, with spaces greater than five feet (S) in height, if all of the following criteria are met: (S) Attic Areas With #en Non-truss System: Attic areas created by construction of a roof structure utilizing a ~ non-truss system, with spaces greater than five feet (S)in height, if all of the following criteria are met: 2. Additional Calculation Provisions: (2) If a roof structure is designed utilizing a ~ non-truss system, and spaces greater than five feet (S) in height result, these areas shall not be counted as GRFA if all of the following criteria are met: Section 36. Section 12-15-4 is hereby amended as follows: 12-1 S-4: INTERIOR CONVERSIONS: B. Applicability: Within all zone districts except the Single-Family Residential (SFR), Two-Family Residential ~~1 (R), and Two-Family Primary/Secondary Residential 1q r.; fa, r~~r~ (PS) Ddistricts, dwelling units that meet or exceed allowable GRFA will be eligible to make interior conversions provided the following criteria are satisfied: 1. Any existing dwelling unit shall be eligible to add GRFA, via the "interior space conversion"provision in excess of existing or allowable GRFA including such units located in a Special Development District gent fret; provided, that such GRFA complies with the standards outlined herein. C. Standards.• • 3. Proposals for GRFA pursuant to this Section may involve exterior modifications to existing buildings, however, such modifications shall not increase the building bulk and mass of the existing building. Examples of exterior l0i e . modifications which are considered to increase building bulk and mass include, but are not limited to, the expansion of any existing exterior walls of the building, regrading around a building in a manner which exposes more than two (2) vertical feet of existing exterior walls and the expansion of existing roofs. Notwithstanding the two (2) vertical foot limitation to regrading around a building described above, additional regrading may be permitted in order to allow for egress from new interior spaces. The extent of such regrading shall be limited to providing adequate egress areas for windows or doors as per the minimum necessary requirement for the adopted building code. Examples of exterior modifications which are not considered to increase building bulk and mass include, but are not limited to, the addition of windows, doors, skylights, and window wells. Subject to design approval, dormers may be considered an exterior modification in conjunction with interior conversions permitted by this Section. Prior to approval of proposed dormers or regrading for windows or doors as described above, the sta, fJ' or the Ddesign R~review Bboard shall find that they do not add significantly to the bulk and mass of the building and are compatible with the overall scale, proportion, and design of the building. For the purpose of this Section, "dormers" are defined as a vertical window projecting from a sloping roof of a building, having vertical sides and a gable or shed roof, in which the total cumulative length of the dormer(s) does not exceed fifty percent (SO%) of the length of the sloping roof, per roof plane, from which the dormer(s) projects. D. Process: Applications shall be made to the Department of Ceommunity Development staff on forms provided by the Department. Applications for . interior conversions to single family, two family, primary/secondary or multi- family dwelling units located in a Special Development District (SDD) pursuant to this Section shall also be allowed without amending the GRFA provisions of the SDD. However, properties with GRFA restrictions recorded on the plat for the development shall be regulated according to the plat restrictions unless the plat is modified to remove such restrictions. If the property is owned in common (condominium association) or jointly with other property owners such as driveways, A/B parcels or C parcels in duplex subdivisions, by way of example, and not limitation, the written approval of the other property owner, owners or applicable owners' association shall be required. This can be either in the form of a letter of approval or signature on the application. The planning staff will review the application to ensure the proposed addition complies with all provisions of the interior conversion Ssection. Submittals shall include.• 1. Application fees pursuant to the current fee schedule. 2. Information and plans as set forth and required by Ssubsection 12-11-4C of this Title or as determined by the Department of Ceommunity Development sta, fj:' Applicants need to submit as built jloor plans of the structure so that staff can identify the existing building from any new additions that have occurred after the approval of this Cehapter. 3. Proposals deemed by the Department of Ceommunity Development staff to be in compliance with this Ssection and ald applicable zoning and development regulations shall be approved by the Department of Ceommunity Development or shall be forwarded to the Design Review Bboard in accordance with Cehapter 11 of this Title. Proposals deemed to not comply with this Ssection or • applicable zoning and development regulations shall be denied. 4. Upon receiving approvals pursuant to this Section, applicants shall proceed with securing a building permit prior to initiating construction of the project. io2 B • S. Any decisions of the Ddepartment of Ceommunity D~Eevelopntent pursuant to this Ssection may be appealed by any applicant in accordance with the provisions of Section 12-3-3 of this Title. Section 37. Section 12-15-5 is hereby amended as follows: 12-1 S-S: ADDITIONAL GROSS RESIDENTIAL FLOOR AREA (250 ORDINANCE): B. Applicability: The provisions of this S~eetion shall apply to dwelling units in all zone districts except the Ssingle-Ffamily Residential (SFR), T~rvo- Ffamily Residential (R), and Two-Faamily PPrimary/Ssecondary Residential (PS) Ddistricts. C. Single-Family Dwellings And Two-Family Dwellings In Zone Districts Other Than The Single-Family Residential (SFR), Two-Family Residential (R), And Two-Family Primary/Secondary Residential (PS) Districts: A single family or two family dwelling unit shall be eligible for additional gross residential floor area (GRFA) not to exceed a maximum of two hundred fifty (250) square feet of GRFA in addition to the existing or allowable GRFA for the site. Before such additional GRFA can be granted, the single family or two family dwelling unit shall meet the following criteria: 1. Eligible Time Frame: A single family or two family dwelling unit shall be eligible for additional GRFA, pursuant to this Section, if it is in existence prior to November 30, 1995, or a completed Ddesign Review Bboard application for • the original construction of said unit has been accepted by the Ds~epartment of Ceommunity Ddevelopment by November 30, 1995. In addition, at least five (S) years must have passed from the date the single family dwelling or two family dwelling unit was issued a certificate of occupancy (whether temporary or final) or, in the event a certificate of occupancy was not required for use of the dwelling at the time of completion, from the date of original completion and occupancy of the dwelling. 2. Use Of Additional Floor Space: Proposals for the utilization of the additional gross residential floor area (GRFA) under this provision shall comply with all Town zoning requirements and applicable development standards. If a variance is required for a proposal, it shall be approved by the Planning and Eenvironmental Ceommission pursuant to Cehapter 17 of this Title before an application is made in accordance with this S~eetion. The applicant must obtain a building permit within one year of final Planning and Eenvironmental Ceommission approval or the approval for additional GRFA shall be voided. D. Multi-Family Dwellings: Any dwelling unit in a multi family structure that meets allowable GRFA shall be eligible for additional gross residential floor area (GRFA) not to exceed a maximum of two hundred fifty (250) square feet of GRFA in addition to the existing or allowable GRFA for the site. Any application of such additional GRFA must meet the following criteria: 1. Eligible Time Frame: A multiple family dwelling unit shall be eligible for additional GRFA, pursuant to this Section, if it is in existence prior to November 30, 1995, or a completed Ds~esign Review Board application for the original construction of said unit has been accepted by the Ddepartment of • Ceommunity Ddevelopment by November 30, 1995. In addition, at least five (S) years must have passed from the date the building was issued a certificate of occupancy (whether temporary or final) or, in the event a certificate of 103 6 • occupancy was not required for use of the building at the time of completion, from the date of original completion and occupancy of the building. 2. Use Of Additional Floor Space: Proposals for the utilization of the additional GRFA under this provision shall comply with all T6own zoning requirements and applicable development standards. If a variance is required for a proposal, it shall be approved by the Pplanning and Eenvironmental Ceommission pursuant to Cehapter 17 of this Title before an application is made in accordance with this Section. The applicant must obtain a building permit within one year of final Pplanning and Eenvironmental Ceommission approval or the approval for additional GRFA shall be voided. E. Procedure: 1. Application; Content.• Application shall be made on forms provided by the Ddepartment of Ceommunity Ddevelopment. If the property is owned in common (condominium association) or jointly with other property owners such as driveways or C parcels in duplex subdivisions, by way of example, and not limitation, the written approval of the other property owner, owners or applicable owners' association shall be required. This can be either in the form of a letter of approval or signature on the application. The application shall also include: a. A fee pursuant to the current schedule shall be required with the application. b. Information and plans as set forth and required by Subsection 12-11-4C of this Title. c. Any other applicable information required by the Dblepartment of Ceommunity ' Ddevelopment to satisfy the criteria outlined in this Ssection. • 2. Hearing Set; Notice: Upon receipt of a completed application for additional GRFA, the Ddesign Review Bboard shall set a date for a hearing in accordance with Subsection 12-11-4C2 of this Title. The hearing shall be conducted in • accordance with Subsections 12-11-4C2 and C3 of this Title. ;;;Sl:'IEe .~tL+~•~~LUYL.. ~ ~f y~~ua~L,. 3~.XrJ ~i'?Clf--tip?YYC 'R37fA'J'd dy L'1'L6 ~J.t.. 1%IILD'1'L'. .9~.'..'~R'a1'RT, "'~1j. j5hre9~9 ....:t`'~9K f.7;' xr~roar°' 3j d' fi~4C~4>E: " L'i. " 3 ~ s ~ ~L~~~3.o"u.936'Iti~J f t~~ t 34: Compliance Required: If the Ddepartment of Ceommunity Ddevelopment staff determines that the site for which additional GRFA is applied for pursuant to this Ssection does not comply with minimum Town landscaping or site standards as provided herein, the applicant will be required to bring the site into compliance with such standards before any such temporary or permanent certificate of occupancy will be issued for the additional GRFA added to the site. Before any building permit is issued, the applicant shall submit appropriate plans and materials indicating how the site will be brought into compliance with said Town minimum standards, which plans and materials shall be reviewed by and • approved by the Ddepartment of Ceommunity Ddevelopment. 104 I B • 43. Building Permit: Upon receiving the necessary approvals pursuant to this Ssection, the applicant shall proceed with the securing of a building permit prior to beginning the construction of additional GRFA. Section 38. Chapter 12-16 is hereby amended as follows: 12-16-2: APPLICATION; CONTENTS: G. A list of the owner or owners of record of the properties adjacent to the subject property which is subject of the hearing. Provided, however, notification of owners within a condominium project shall be satisfied by notifying the managing agent, or the registered agent of the condominium project, or any member of the board of directors of a condominium association. The list of owners, managing agent of the condominium project, registered agent or members of the board of directors, as appropriate, shall include the names of the ' individuals, their mailing addresses, and the general description of the property owned or managed by each. Accompanying the list shall be stamped, addressed envelopes to each individual or agent to be notified to be used for the mailing of the notice of hearing. It will be the applicant's appt~;;.:.~~,~~ responsibility to provide this information and stamped, addressed envelopes. Notice to the adjacent property owners shall be mailed first class, postage prepaid. 12-16-3: FEE: The Ttown Ceouncil shall set a conditional use permit fee schedule sufficient to • cover the cost of Ttown staff time and other expenses incidental to the review of the application. The fee shall be paid at the time of the application, and shall not be refundable. IZ-16-4: HEARING: Upon receipt of a conditional use permit application, the Ppdanning and Eenvironmental Ceommission shall set a date for hearing in accordance with S9ubsection 12-3-6C, "N~rotice'; of this Ttitle, shall be given, and the hearing shall be conducted in accordance with Seubsections 12-3-6C and D of this Ttitle. 12-16-5: PLANNING AND ENVIRONMENTAL COMMISSIONACTION.• A. Possible Range Of Action: Within thirty (30) days of the application for a public hearing on a conditional use permit, the Pplanning and Eenvironmental Ceommission shall act on the application. The Ceommission may approve the application as submitted or may approve the application subject to such modifications or conditions as it deems necessary to accomplish the purposes of this Title, or the Ceommission may deny the application. A conditional use permit may be revocable, may be granted for a limited time period, or may be granted subject to such other conditions as the commission may prescribe. Conditions may include, but shall not be limited to, requiring special setbacks, open spaces, fences or walls, landscaping or screening, and street dedication and improvement; regulation of vehicular access and parking, signs, illumination, and hours and methods of operation; control of potential nuisances; prescription • of standards for maintenance of buildings and grounds; and prescription of development schedules. ios • 12-16-6: CRITERIA; FINDINGS: A. Factors Enumerated: Before acting on a conditional use permit application, the Pplanning and Eenvironmental Ceommission shall consider the following factors with respect to the proposed use: 6. The Eenvironmental Ilmpact Report concerning the proposed use, if an Eenvironmental I~mpaet R~^eport is required by Cehapter 12 of this Title. B. Necessary Findings: The Pplanning and Eenvironmental Ceommission shall make the following findings before granting a conditional use permit: 1. That the proposed location of the use is in accordance with the purposes of this Title and the purposes of the zone district in which the site is located. 12-16 7.• USE SPECIFIC CRITERIA AND STANDARDS: The following criteria and standards shall be applicable to the uses listed below in consideration of a conditional use permit. These criteria and standards shall be in addition to the criteria and findings required by Seection 12-16-6 of this Cehapter. A. Uses And Criteria: c. The number, size and location of vehicles permitted to be stored shall be determined by the Pplanning and Eenvironmental Ceommission based on the adequacy of the site for vehicle storage. Consideration shall be given to the adequacy of landscaping and other screening methods to prevent impacts to adjacentproperties and other commercial and/or residential uses. 10. Home Child Daycare Facility: b. A state of Colorado license is required to operate a childcare home and a • current copy of the license shall be kept on file in the T#own of Yail Ceommunity Ddevelopment Ddepartment. d. The proposed coordinated mixed use development containing the single family and/or two family residential dwellings is consistent with the intent and objectives of the Lionshead Redevelopment Mtnaster Pplan. Section 39. Chapter 12-17 is hereby amended as follows: 12-17-1: PURPOSE: B. Development Standards Excepted: Variances may be granted only with respect to the development standards prescribed for each zone district, including lot area and site dimensions, setbacks, distances between buildings, height, density control, building bulk control, site coverage, usable open space, landscaping and site development, and parking and loading requirements; or with respect to the provisions of Cehapter I1 of this Title, governing physical development on a site. C. Use Regulations Not A, fJected: The power to grant variances does not extend to the use regulations prescribed for each zone district because the flexibility necessary to avoid results inconsistent with the objectives of this Title is provided by Cehapter 16, "Conditional Use Permits'; and by Section 12-3-7, "Amendment" of this Title. 12-17-2: APPLICATIONINFORMATIONREQUIRED: • Application for a variance shall be made upon a form provided by the Administrator. The application shall be supported by documents, maps, plans, and other material containing the following information: 106 B i E. Such additional material as the Administrator may prescribe or the applicant may submit pertinent to the application and to the findings prerequisite to the issuance of a variance as prescribed in Section 12-17-6 of this Cehapter. 12-17-3: FEE.• The Ttown Ceouncil shall set a variance fee schedule sufficient to cover the cost of Town staff time and other expenses incidental to the review of the application. The fee shall be paid at the time of application, and shall not be refundable. 12-17-4: HEARING: Upon receipt of a variance application, the Pplanning and Eenvironmental Ceommission shall set a date for hearing in accordance with Subsection 12-3- 6B of this Title. Notice shall be given, and the hearing shall be conducted in accordance with Ssubsections 12-3-6C and D of this T#itle. 12-17-5: PLANNING AND ENVIRONMENTAL COMMISSIONACTION.• Within twenty (20) days of the closing of a public hearing on a variance application, the Pplanning and Eenvironmental Ceommission shall act on the application. The Ceommission may approve the application as submitted or may approve the application subject to such mod cations or conditions as it deems necessary to accomplish the purposes of this Title, or the Ceommission may deny the application. A variance may be revocable, may be granted for a limited time period, or may be granted subject to such other conditions as the Ceommission may prescribe. 12-17-6: CRITERIA AND FINDINGS: A. Factors Enumerated: Before acting on a variance application, the Pplanning and Eenvironmental Ceommission shall consider the following factors with respect to the requested variance: B. Necessary Findings: The P~?lanning and Eenvironmental Ceommission shall make the following findings before granting a variance: 1. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zone district. 3. That the variance is warranted for one or more of the following reasons: a. The strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this Title. b. There are exceptional or extraordinary circumstances or conditions applicable to the site of the variance that do not apply generally to other properties in the same zone district. c. The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same Zone district. Section 40. Chapter 12-18 is hereby amended as follows: 12-18-3: SITES: Sites lawfully established pursuant to regulations in effect prior to the effective date hereof which do not conform to the minimum lot area and dimension ion b • requirements prescribed by this Title for the zone district in which they are situated may be continued and shall be deemed legally established building sites, subject to the site development standards prescribed by this Title. No such site shall be further reduced in area or dimensions. 12-18-4: USES• The use of a site or structure lawfully established prior to the effective date hereof which does not conform to the use regulations prescribed by this Title for the zone district in which it is situated may be continued, provided that no such nonconforming use shall be enlarged ~to occupy a greater site area or building floor area than it occupied on the effective date hereof. Any subsequent reduction in site area or floor area occupied by a nonconforming use shall be deemed a new limitation, and the use shall not thereafter be enlarged to occupy a greater site area or floor area than such new limitation. 12-18-5: STRUCTUREAND SITEIMPROVEMENT.• Structures and site improvements lawfully established prior to the effective date hereof which do not conform to the development standards prescribed by this Title for the zone district in which they are situated may be continued. Such structures or site improvements may be enlarged only in accordance with the following limitations: 12-18-7.• DISCONTINUANCE: Any nonconforming use which is discontinued for a period of twelve (12) months, • regardless of any intent to resume operation of use, shall not be resumed thereafter, and any future use of the site or structures thereon shall conform to ~a~rt# the provisions of this Title. 12-18-8: CHANGE OF USE.' A nonconforming use shall not be changed to another nonconforming use unless permission has been granted by the Town Ceouncil. Prior to granting such permission, the Ceouncil shall determine that the proposed use does not substantially differ from the existing nonconforming use in terms of compatibility with the character of the area in which it is located, and the council shall determine that the proposed use does not increase or aggravate the degree of nonconformity existing prior to any such change of use. 12-18-9: RESTORATION.• Whenever a nonconforming use which does not conform with the regulations for the zone district in which it is located, or a nonconforming structure or site improvement which does not conform with the requirements for setbacks, height, density control, building bulk control or site coverage is destroyed by fire or other calamity, by act of God or by the public enemy, its use may be resumed or the structure may be restored, provided the restoration is commenced within one year and diligently pursued to completion. All new construction must conform to the applicable adopted building codes, fire codes and other relevant codes regarding safety and construction which are in effect at the time rebuilding is proposed. Section 41. Section 12-19-2 is hereb amended as follows: Y 108 tl 12-19-2: DEFINITIONS.• SITE SPECIFIC DEVELOPMENT PLAN.• Shall mean and be limited to a final major or minor subdivision plat, or a Special Development Districtl ~leve,'c,~.~, ~ ~ development plan. Section 42. Section 12-20-3 is hereby amended as follows: 12-20-3: DESIGNATED ON OFFICIAL ZONING MAP: The zone ~~,?~y~g districts imposed on an annexed area shall be shown on a map which shall become an addition to the Official Zoning Map adopted by Section 12-5-1 of this Title. Section 43. Section 12-21-3 is hereby amended as follows: 12-21-3: MASTER HAZARD PLANS.• The Town Manager shall formulate and develop Mmaster Hazard Pplans for the Town. Said Hazard Pplans shall be based on engineering studies and shall indicate the location of known flood plains, avalanche and geological hazard zones of influence, known red and blue avalanche and geological hazard areas, and forty percent (40%) slope areas. In addition, the plans may show any other information or data deemed to be desirable by the Town Manager. Maximum citizen participation during the formulation of the Mmaster Hazard Flans as • well as other phases of the information implementation of the hazard studies and regulations; shall be encouraged. The purpose of the Mmaster Hazard Flans is to identify and alleviate present and future problems created by the construction of improvements in the hazard areas within the Town by means of presenting in an orderly fashion the general data and information which are essential to the understanding of the relationship between the hazards and improvements located within said areas. The Mmaster II#azard Pplans may be altered from time to time to conform to # new information or existing conditions. Section 44. Section 12-21-10 is hereby amended as follows: 12-21-10: DEVELOPMENT RESTRICTED: D. The Administrator may require any applicant or person desiring to build in an identified blue avalanche hazard zone to submit additional information or reports as to whether or not improvements are required to mitigate ~ the possible hazard. If mitigation is required, said information and report should specify the improvements proposed ~terefer~e in the blue avalanche hazard zone. The required information and reports shall be done in accordance with Chapter 12 of this Title. Section 45. Section 12-21-14 is hereby amended as follows: • 12-21-14: RESTRICTIONS IN SPECIFIC ZONES ON EXCESSIVE SLOPES: ]09 E • Slope is the gradient or configuration of the undisturbed land surface prior to site improvement of a lot, site, or parcel which shall be established by measuring the maximum number of feet in elevation gained or lost over each ten feet (10) or fraction thereof measured horizontally in any direction between opposing lot lines; the relationship of elevation or vertical measure as divided by the horizontal measurement shall be expressed as a percentile as a means of quantifying the term "slope' : In determination of "slope" as defined herein, for use in establishing buildable area requirements and maximum floor area ratio limitations on existing and proposed lots, a grid system based on ten foot (10) modules shall be superimposed on a topographic map of the subject property and the lot slope determination established by the defined method for each one hundred (100) square feet grid portion of the tract, tot or portion thereof. The following additional special restrictions or requirements shall apply to development on any lot in a Hillside Residential, Single-Family Residential, Two-Family Residential or Two-Family Primary/Secondary Residential hie 1"E f :'t:~i+~el4tif~l 9 l n, ;e, ~ e ~ : , gene Ddistrict where the average slope of the site beneath the existing or proposed structure and parking area is in excess of thirty percent (30%): I. The Aadministrator may require an Eenvironmental limpact Rgeport as provided in S~eetion 12-12-2 of this Ttitle. • K. Setbacks, as they apply to this Cehapter, as required by Sgections 12-6A- 6, 12-6B-6, 12-6C-6 and 12-6D-6 of this Ttitle, are amended as follows: there shall be no required front setback for garages, except as may be required by the Ds~esign Rgeview Bboard. Garages located in the front setback, as provided for in this Ssection, shall be limited to one story in height (not to exceed 10 feet) with the addition of a pitched or flat roof and subject to review and approval by the Ddesign Review Bboard. L. Retaining walls up to six feet (6) in height may be permitted in the setback by the Ddesign Review Bboard when associated with a permitted garage as referenced in Ssubsection K of this Ssection. Section 46. Section 12-21-15 is hereby amended as follows: 12-21-1 S.• RESTRICTIONSIN GEOLOGICALLY SENSITIVE AREAS.• B. Investigation: 2. The extent of the site-specific ecologic investigation required shall be determined by the geologist or engineer who is responsible for the investigation; however, the investigation shall be of sufficient thoroughness and accuracy to allow such expert to cert~ to the following: a. For all structures other than single family and two famil's-E awl r9~~ dwellings, and "accessory uses" thereto as def ned in Section 12-6C-4 of this Code: b. For single family and two famil'~~ dwellings, • and "accessory uses" thereto as defined in Section 12-6C-4 of this Title, the site- specificgeologic investigation shall certify to the following.• iio • C. Development Plan Or Building Permit: Following the completion of the site-specific geological investigation and its review by the Department of Community Development, a development plan may be approved or a building permit may be issued as follows: 1. For all structures other than single family and two family;-~arp~-ate p~~,ts~ dwellings, and "accessory uses" thereto as defined in Section 12-6C-4 of this Title. 2. For single family and two famil , dwellings, and "accessory uses" thereto as defined in Section 12-6C-4 of this Title: F. Notice Requirements 4. All owners, lessens lessees or agents who rent, lease or sublet any structure or premises within an area of geologic sensitivity shall provide the tenant, lessee or subtenant with written notice that said property is located within said area prior to any lease being entered into or occupancy, whichever occurs first, if said rental lease or sublease will extend into the period of April l through July 1 of any year. Section 47. Section 12-22-2 is hereby amended as follows: 12-22-2: DEFINITIONS STRUCTURE: For the purposes of this Chapter, a~4nything permanently constructed or erected with a fried location including, but not limited to, new buildings, building expansions, decks, mechanical equipment, vents, ducts, satellite dishes, fences, stop lights, light poles, signs, utility poles, sky lights or • any similar object. Section 48. Section 12-22-5 is hereby amended as follows: 12-22-5: AMENDMENTS: An amendment of the regulations of this Cehapter, including a request to add a new view corridor, delete an existing view corridor, or amend the boundary of an existing view corridor, may be initiated by the Ttown Ceouncil on its own motion, by the Pplanning and Eenvironmental Ceommission on its own motion, or by application of any resident or property owner in the Town, or by the Administrator or his/her designee. A. Application Information For Amendments: An application for the amendment of the provisions of this Cehapter including the addition of a new view corridor, the deletion of an existing view corridor or an amendment to the boundary of an existing view corridor shall be filed with the Ddepartment of Coommunity Ddevelopment on a form to be prescribed by the Aadministrator. The application shall include the following information: C. Criteria For Amendments: The Town Council shall only approve an amendment to this Chapter adding a new view corridor, deleting an existing view corridor, or amending the boundary of an existing view corridor if the amendment complies with the policies and goals of the applicable elements of the Vail Land Use Plan, Town policies, and Urban Daresign Gguide Pplans and other adopted master plans, and meets all of the following criteria: • Section 49. Section 12-22-6 is hereby amended as follows: rir • 12-22-6: ENCROACHMENTS INTO EXISTING VIEW CORRIDORS: An application for approval to encroach into an existing view corridor may be initiated by the Town Council on its own motion, by the Planning and Environmental Commission on its own motion, or by application of any resident or property owner in the Town, or by the Administrator orhis/her designee. C. Criteria For Encroachment: No encroachment into an existing view corridor shall be permitted unless the applicant demonstrates by clear and convincing evidence that the encroachment meets all of the following criteria: 4. That the development proposed by the applicant complies with applicable elements of the Yail Land Use Plan, Town policies, Urban Ddesign Gguide Pplans, and other adapted master plans. Section 50. Section 12-22-7 is hereby amended as follows: 12-22-7: NONCONFORMING STRUCTURES: D. Restoration: Whenever a nonconforming structure which does not conform to # the provisions of this Chapter is destroyed by fire or other calamity, by act of God, or by the public enemy, its use may be resumed or the structure may be restored, provided the restoration is commenced within one year and diligently pursued to completion. The structure after such restoration shall not encroach into a view corridor to a greater extent in any dimension or configuration, specifically height, width, or mass, than the encroachment which existed prior to destruction. • Section 51. Section 13-2-2 is hereby amended as follows: 13-2-2: DEFINITIONS.• When used in this Title, the following words and phrases shall have the specific meanings as defined in this Cehapter: ACCEPTED, ROADS AND STREETS: When used in regard to roads and streets, shall mean written acceptance of the road or street by the Town Eengineer as per the design standards (Cehapter 10 of this Title). ADMINISTRATOR: The Asdministrator of the Ddepartment of Ceommunity Ddevelopment or his/her designee. AS BUILT PLAN: The final development plan that reflects the constructed subdivision. BIKE PATH: A corridor for use by bicycles and pedestrians, prohibited for use by motorized vehicle BUILDING CONNECTION SEWER: A sewer within a public street or right of way, proposed to connect any parcel, lot, or part of a lot with a main line sewer. BUILDING SEWER: A sewer, wholly within private property, proposed to . connect any building to a building connection. it it2 • BYLAWS: Shall refer to the bylaws of the unit owners' association or corporation. COMMUNITY APARTMENT: A development in which there is an undivided interest in the land coupled with the right of exclusive occupancy of an apartment located therein. Community apartments shall be subject to the same restrictions and conditions set forth in this Title for condominium units. CONDOMINIUM CONVERSION: The development or use of the land and existing structures as a condominium project regardless of the present or prior use of such lands and structures, and regardless of whether substantial improvements have been made to such structures. CONDOMINIUM PROJECT: The entire parcel of real property, including all structures thereon, to be divided into two (2) or more units for the purpose of constructing or converting existing structures to condominium units CONDOMINIUM UNIT: An individual air space unit together with the interest in the common elements appurtenant to such unix CONTRACTOR: The individual, partnership, corporation, joint venture, or other legal entity performing the work. In the case of work being performed under permit issued by the Town, the permittee shall be construed to be the contractor. • CULVERT: A ditch, drain or conduit, not incorporated in a closed system, that carries drainage water under a driveway, roadway, railroad, pedestrian walk or public way, or other type of overhead structure DAYS: Consecutive calendar days, unless otherwise specified. DECLARATION.• An instrument recorded pursuant to the statutes of the State ~ and which defines the character, duration, rights, obligations, and limitations of condominium ownership. The declaration shall include all restrictions, limitations and specifications which may be required by the Planning and Environmental Commission or Town Council, including provisions relative to time-sharing estates, licenses or fractional fees; and the procedure for amendments of the declaration which requires approval of the Town. DEDICATION.• A grant by the owner of a right to use land to the public in general, involving a legally recorded transfer of property rights, and an acceptance of the dedicated property by the Town. DRAINAGE: Surface water runoff or the removal of surface water or groundwater from land by drains, grading or other means, which include runoff controls to minimize erosion and sedimentation during and after construction or development EMPLOYEE HOUSING UNIT: A dwelling unit occupied by at least one • person who is an employee in Eagle County. 113 0 ENVIRONMENTAL IMPACT REPORT: A document outlining the effect of proposed development or action on the environment, as further regulated by Chapter 12-12, Environmental Impact Report FINAL APPROVAL: Approval by the Pplanning and Eenvironmental Ceommission of the final plat or approval of the council if appealed. Planning and Eenvironmental Ceommission final approval does not take place until eleven (11) days after the Pplanning and Eenvironmental Ceommission decision on the final plat, if the Ceouncil does not appeal. INDIVIDUAL AIR SPACE UNIT: Consists of any enclosed room or rooms occupying al! or part of a floor or floors of a building of one or more floors to be used for residential, professional, commercial or industrial purposes, which has access to a public street INSPECTOR: An authorized representative of the Public Works Director, assigned to make any or all necessary inspections of materials furnished and work performed by the contractor. MODERATE INCOME: Shalt be as defined from time to time by the Town Councik PLANS: The drawings, profcles, cross sections, working drawings, and supplemental drawings, or reproductions thereof, approved by the Town • Engineer or Building Official, which show the location, character, dimensions, or details of the wor1~ PRELIMINARY PLAN.• The preliminary drawings described in these regulations indicating the proposed manner or layout of the subdivision to be submitted to the Pplanning and Eenvironmental Ceommission for approval. PRIVATE CONTRACT: Work subject to Town inspection, control, and approval, involving private funds, not administered by the Town. REFERENCE SPECIFICATIONS: Those bulletins, standards, rules, methods of analysis or tests, codes and specifications of other agencies, engineering societies, or industrial associations referred to in the contract documents These refer to the latest edition, including amendments in effect and published at the time of advertising the project or issuing the permit, unless specifically referred to by edition, volume, or date. SERVICE CONNECTION: Att or any portion of the conduit, cable, or duct, including meter, between a utility distribution tine and an individual consumer. SEWER: Any conduit intended for the reception and transmission of sewage and fluid industrial waste. SOIL STABILITY ANALYSIS: A study conducted to determine the status of • the soil on a property. iia B • SPECIAL PROVISIONS: Any written provisions which supplement or modify these specifications SPECIFICATIONS: Standard specifications, reference specifications, special provisions, and specifcations in supplemental agreements between the contractor and the Town. STANDARD PLANS: Details of standard structures, devices, or instructions referred to on the plans or in specifications by title or number. STORM SEWER: Any conduit and appurtenances intended for the reception and transfer of storm water. SUBDIVISION OR SUBDIVIDED LAND: C. Compliance.• No subdivision shall be approved which includes elements not in conformance with the provisions of any applicable zoning ordinance or other ordinance of the Town or law or regulations of the state. F. Single-Family Subdivision: A subdivision of an existing lot, which is recognized by the Ttown of Vail as a legally subdivided lot, and which shall contain a single family or ~~s+~ two family de+'s; dwelling •trnrts. Each such dwelling unit shall be separated from any other dwelling u~ by space on all sides. For zoning purposes, the lots created by a single family subdivision shall be treated as one lot. • SUPERINTENDENT: The executive representative for the contractor present on the work at all times, authorized to receive and fulfill instructions from the Town Engineer and capable of superintending the work efficiently. SUPERVISION: Where used to indicate supervision by the Engineer, shall mean the performance of obligations, and the exercise of rights, specifically imposed upan and granted to the Town in becoming a party to the contract: Except as specifically stated herein, supervision by the Town shalt not mean active and direct superintendence of details of the work. SURETY: Any individual, firm or corporation, bound with and for the contractor for the acceptable performance, execution, and completion of the work, and for the satisfaction of al! obligations incurred TOWN: The Town of Vail, County of Eagle, State of Colorado. UTILITY: Tracks, overhead or underground wires, pipe lines, conduits, ditches, ducts or structures, sewers or storm drains owned, operated, or maintained in or across a public right of way or private easement: WORE: That which is proposed to be constructed or done under the contract or permit, including the furnishing of all labor materials, supervision, tools and equipment . Section 52. Section 13-3-3 is hereby amended as follows: its B 13-3-3: PRELIMINARY PLAN: B. Submittal Requirements: At least thirty (30) days prior to the preliminary plan presentation to the Planning and Environmental Commission, the subdivider shall subnut at a scale of one inch equals one hundred feet (1 " = 100') or larger, twelve (12) copies of each of the following (exceptions can be granted on individual items by the Director of Public Works or the Administrator) to the Department of Community Development: 1. The Eenvironmental Ilmpact Report required. Section 53. Section 13-3-4 is hereby amended as follows: 13-3-4: COMMISSION REVIEW OF APPLICATION; CRITERIA AND NECESSARY FINDINGS: The Planning and Environmental Commission shall conduct a public hearing on an application for a Preliminary Plan for Subdivision. The Planning and Environmental Commission shall consider the application, relevant additional materials, Staff report and recommendations as well as any other comments or public information given at the hearing. The Planning and Environmental Commission may discuss advisable changes to the proposed subdivision with the applicant The burden ofproof shall rest with the applicant to show that the application is in compliance with the intent and purposes of this Chapter, the Zoning Ordinance and other pertinent regulations that the Planning and • Environmental Commission deems applicable. Due consideration shall be given to the recommendations made by public agencies, utility companies and other agencies consulted under Ssubsection 13-3-3C above. ~'he-~n~'r~+kd- l'~,:il' ~'i8 ,3r,t'i6~ .~~,:1;~-e'9149fi~E1~ :Lt.~ °B~3i~~,'~fits°--~'? r~:grr'~-~eW14 ~s.:.'^~ei~e9 1•~'b t.: J3[~,i~~.,i~Jl,`s~4--e9i4~1°'9~ , 'LY diL~~'i'/~:: Xi,:i~~`~, B:! A. Before recommending approval, approval with conditions or disapproval of the Preliminary Plan, the Planning and Environmental Commission shall consider the following criteria with respect to the proposed subdivision: (1) The extent to which the proposed subdivision is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the mail Comprehensive Plan and is compatible with the development objectives of the town; and (2) The extent to which the proposed subdivision complies with all of the standards of this Title, as well as, but not limited to, Title 12, Zoning Regulations and other pertinent regulations that the Planning and Environmental Commission deems applicable; and (3) The extent to which the proposed subdivision presents a harmonious, convenient, workable relationship among land uses consistent with municipal • development objectives; and 116 B • (4) The extent of the effects en the future development of the surrounding area; and (S) The extent to which the proposed subdivision is located and designed to avoid creating spatial patterns that cause inefficiencies in the delivery of public services, or require duplication or premature extension of public facilities, or result in a "leapfrog"pattern of development; and (6) The extent to which the utility lines are sized to serve the planned ultimate population of the service area to avoid future land disruption to upgrade under-sized lines; and (7) The extent to which the proposed subdivision provides for the growth of an orderly viable community and serves the best interests of the community as a whole; and (8) The extent to which the proposed subdivision results in adverse or beneficial impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features; and (9) Such other factors and criteria as the Commission and/or Council deem applicable to the proposed subdivision. • B. Necessary Findings: Before recommending and/or granting an approval of an application for a major subdivision, the Planning and Environmental Commission shall make the following findings with respect to the proposed major subdivision: (1) That the subdivision is in compliance with the criteria listed in Subsection 13-3-4A of this Title. (2) That the subdivision is consistent with the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and compatible with the development objectives of the Town; and (3) That the subdivision is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and (4) That the subdivision promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. Section 54. Section 13-3-6 is hereby amended as follows: 13-3-6: FINAL PLAT: B. Requirements And Procedure: 1. Copies Required: The subdivider shall submit eight (8) copies of the final plat, two (2) or more of which shall be mylars, twelve (12) copies of the final Eenvironmental Impact Report and any additional material as required by • Suubsection B3 herein. The final plat shall substantially conform to the preliminary plan and shall include changes as required after consideration on a I ~t~ I 0 • preliminary basis by the Planning and Environmental Commission. If it does not substantially conform to the preluninary plan and include any revisions required by Planning and Environmental Commission, it shall be required to go back through preliminary plan procedures. Within thirty (30) days of receiving the complete and c,,..:..,~ submittal for a final plat, the Planning and Environmental Commission shall hold a public hearing to consider the final plat. The Administrator shall cause a copy of a notice of the time, place and general nature of the hearing and proposal to be published in a newspaper of general circulation in the Town at least fifteen (15) days prior to said hearing. Also, adjacent property owners to the proposed subdivision shall be notified in writing at least seven (7) days prior to the public hearing. 3. Final Plat And Supplementary Material; Contents: The final plat and supplementary material shall contain the following information: q. Additional material which shall accompany the final plat includes, but is not limited to: (1) Complete and final Eenvironmental Impact IZ~eport if required by the Zoning Ordinance. Section 55. Section 13-3-10 is hereby amended as follows: 13-3-10: TOWN COUNCIL RIGHT TO APPEAL: Within twenty (20) ~e~-{~9~? days the decision of the Planning and Environmental . Commission on the final plat shall be transmitted to the Council by the staff`.' The • Council may appeal the decision of the Planning and Environmental Commission within twenty (20) tai ;~8) days of the Planning and Environmental Commission's action. If Council appeals the Planning and Environmental Commission decision, the Council shall hear substantially the same presentation by the applicant as was heard at the Planning and Environmental Commission hearing(s). The Council shall have thirty (30) days to affirm, reverse, or affirm with modifications the Planning and Environmental Commission decision, and the Council shall conduct the appeal at a regularly scheduled Council meeting. Section 56. Section 13-3-13 is hereby amended as follows: 13-3-13: SITE IMPROVEMENT PERMIT ISSUANCE: After final approval and acceptance of dedications (or payment in lieu thereof), applicable site improvement permits may be issued by the Department of Community Development and the Department of Public Works. The developer may proceed with such additional requirements, permits or authorizations as may be required by this Title or regulations of the Town. No permits shall be granted or authorization to proceed in the event final approval is not granted or the provisions of Section 13-3-11 of this Chapter are not satisfied. No permits shall be issued, or said permits may be withdrawn, if any project proceeds or attempts to proceed not in conformance with either the approved Eenvironmental Impact Report or the final plat and associated material as approved. • Section 57. Section 13-4-1 is hereby amended as follows: ins e • 13-4-1: EXEMr 1, IONS IN PROCEDURE AND SUBM1,1, i ALS: "Minor subdivisions", as defined in Section 13-2-2 of this Title, shall be exempt from requirements related to preliminary plan procedures and submittals. Minor subdivisions may be required to submit an Eenvironmental Impact Report if required by Title 12, Chapter 12 of this Code. Section 58. Section 13-4-2 is hereby amended as follows: 13-4-2: PROCEDURE: The procedure for a minor subdivision shall be as follows: A. Submission Of Proposal; Waiver OjRequirements.• The subdivider shall submit two (2) copies of the proposal following the requirements for a final plat in Subsection 13-3-6B of this Title, with the provision that certain of these requirements may be waived by the Administrator and/or the Planning and Environmental Commission if determined not applicable to the project. B. PEC Public Hearing: ~'le ~~,~y?~ .be~~.; . 1~• i:st~~er~e - f~~-tl~e-lresga~ i~;l !3•- Within thirty (30) days of receiving the complete and correct submittal for a minor subdivision, the Planning and Environmental Commission shall hold a public hearing to consider the final plat: The Administrator shall cause a copy of a notice of the time, place and • general nature of the hearing and proposal to be published in a newspaper of general circulation in the Town at least fifteen (1 S) days prior to said hearing. Also, adjacent property owners to the proposed subdivision shall be notified in writing at least seven (7) days prior to the public hearing. C. Review And Action On Plat: The Planning and Environmental Commission shall review the plat and associated materials and shall approve, approve with modifications or disapprove the plat within twenty one (21) days of the first public hearing on the minor subdivision or the minor subdivision will be deemed approved. A longer time period for rendering a decision may be granted subject to mutual agreement between the Planning and Environmental Commission and subdivider. The review shall be based on the criteria and necessary findings in Section 13-3-4 of this Title. • ~ , r D. Appeal: A3i n~l~~~~~t~Y~t~,11~;,! i.ii,sii,~.,.~era~r~EE~9i914 ~ti1:3 Within twenty (20) days the decision of the Planning and Environmental Commission on the final plat shall be transmitted to the Council by the staff. The Council may call up the decision of the Planning and Environmental Commission within twenty (20) days of the Planning and Environmental Commission's action. If Council appeals the Planning and Environmental Commission decision, the Council shall hear substantially the same presentation by the applicant as was heard at the Planning and Environmental Commission hearing(s). The Council shall have thirty (30) days to affirm, reverse, or affirm with modifications the Planning and 119 e • Environmental Commission decision, and the Council shall conduct the appeal at a regularly scheduled Council meeting. Section 59. Section 13-6-1 is hereby amended as follows: 13-6-1: PLATAPPROVAL PROCEDURE.• A. General Qualifications: Condominium and townhouse plats which do not constitute "conversions"from rental as defined in Section 13-7-2 of this Title may be approved by the Administrator, subject to Department of Public Works review. The plat will be reviewed under two (2) general criteria: 1. Per Approved Plan: Administrator will check to make sure the buildin s and g other improvements were built as per approved plan by the Design Review Board of the Town for consistency with the Zoning Code and other applicable regulations. 2. Compliance: The Administrator ~ew>~-£rl~rleer will review the survey data for compliance with requirements found in Soubsection 13-6-IB of this Chapter. z ' ' 3~' B. Plat Submittal Requirements: The condominium or townhouse plat and supplementary material shall contain the following: a r~.z a-.,~r„ rrrap ~~~ti'E, a ~911b i `rrY't14--~42~id~'L x'ubfi°E-B~-t~4e oti~'/4Ele- ~;a ~'9~'i•ixl•C.l~-EI£l,~,i trl~ ,;'t14~:" 9';."11,'~ a~ if t od1~l~, ..s ~..,:'-p~s..4ise ~f~____~~..nn~~..~~~.,su,~~..__ ~t..yL 6rJ 9ft, ~5;., :'i;G~:..ei.:8t i~ sv~T'7Lir~G11Qt L L i'17 Ll~ a'V x'~I'L r-JIC J 11' 6~J... ~e lv pr~sp~-i~j+ @9i'94+Bi°3 %dil:.'4-+~i'9~'/42ff 'i7,'~-~1 ~~urn'ar'L i=3 t~ y,~ :~&E a'r'1~ J`~ •Ii L1'~L16 ~1 ..i I 1 ~ oy r~ LEit4~-9i, ~ . _-.~lr~lt ~ l S i 'i'/4E~blfi~i. :7 E"E'~ti't!E~i4.~ 1:;-~~il 8,~ :~~ss~a"-ms's-ecic~ 3;I t~':J t~'Qt f91° ~{~14H4i'S'~r,a',w,r ulSYr~uti fl'~: (1) The final plat shall be drawn in India ink, or other substantial solution, on a reproducible medium (preferably mylar) with dimensions of twenty four inches by thirty six inches (24" x 36') and shall be at a scale of one hundred feet to one inch (100' to 1') or larger with margins of one and one-half to two inches (1%"to 2') on the left and one-half inch (l/2') on all other sides. (2) Accurate dimensions to the nearest one-hundredth (O.OI) of a foot for all lines, angles and curves used to describe boundaries, streets, setbacks, alleys, easements, structures, areas to be reserved or dedicated for public or common uses and other important features All curves shall be circular arcs and shall be • defined by the radius, central angle, arc chord distances and bearings. Al! dimensions, both linear and angular, are to be determined by an accurate 120 6 • control survey in the field which must balance and close within a limit of one in ten thousand (10,000). (3)North arrow and graphic scale. (4)A systematic identification of all existing and proposed buildings, units, lots, blocks, and names for al! streets. (S)An identification of the streets, alleys, parks, and other public areas or facilities as shown on the plat, and a dedication thereof to the public use. An identification of the easements as shown on the plat and a grant thereof to the public use. Areas reserved for future public acquisition shall also be shown on the plat (6)A written survey description of the area including the total acreage to the nearest appropriate significant figure. The acreage of each lot or parcel shall be shown in this manner, as weld (7)A description of all survey monuments, both found and set, which mark the boundaries of the subdivision, and a description of all monuments used in conducting the survey. Monument perimeter per Colorado Statutes Two (2) perimeter monuments shall be established as major control monuments, the materials which shall be determined by the Town Engineer. (8)A statement by the land surveyor explaining how bearing base was • determined. (9)The proper plat title format for filing a plat in the Town, as outlined in Section 13-11-I of this Title. (10)A certificate by the registered land surveyor as outlined in Chapter 11 of this Title as to the accuracy of the survey and plat, and that the survey was performed by him/her in accordance with Colorado Revised Statutes Title 38, Article 51. (ll)A certificate by an attorney admitted to practice in the State, or corporate title insurer, that the owner(s) of record dedicating to the public the public rights of way, areas or facilities as shown thereon are the owners thereof in fee simple, free and clear of all liens and encumbrances except as noted. (See example in Chapter ll of this Title.) (12)The proper form for filing of the plat with the Eagle County Clerk and Recorder as per example in Chapter 11 of this Title. (13)Certificate of dedication and ownership as per example in Chapter 1I of this Title. Should the certificate of dedication and ownership provide for a dedication of land or improvement to the public, all beneficiaries of deeds of trust and mortgage holders on said real property will be required to sign the certificate of dedication and ownership in addition to the fee simple owner thereof. • 121 B . (14)A certificate by the Treasurer of Eagle County as outlined in Section 13- 11-10 of this Title that wiU certify that the entire amount of taxes due and payable upon al! parcels of real estate described on the plat are paid in full (15) Floor plans, elevations and cross sections as necessary to accurately determine individual air spaces and/or other ownerships and if the project was built substantially the same as the approved plans. (16) A copy of the condominium documents for staff review to assure that there are maintenance provisions included for all commonly owned areas. (17) Building locations must be included and tied to property corners with distances and angles. All property pins must be found or set and stated as such on map. Section 60. Section 13-7-2 is hereby amended as follows: 13-7-2: DEFINTIONS • EMPLOYEE HOUSING UNIT.• 3~e9i'Elizytoe ti-See.`13;:.~- ' ' ' o; this-Gecle--A dwelling unit occupied by at least one person who is an employee in Eagle County. • Section 61. Section 13-7-6 is hereby amended as follows: 13-7-6: ADDITIONAL REQUIREMENTS FOR CONDOMINIUM CONVERSIONS TD EMPLOYEE HOUSING UNITS: The applicant proposing to make a condominium conversion to employee housing units shall provide the following documentation with the preliminary map: A. Conversion Report Listing Building Conditions: A condominium conversion report from the Town Bbuilding Os~cial on the condition of the building, listing all building code violations, fore code violations and related violations which are detrimental to the health, safety and welfare of the public, the owners, and the occupants of the building. B. Required Information: As part of the Fplanning and Eenvironmental Ceommission's review of a conditional use permit request for conversion to employee housing units, the following submittal information shall be required: a report of the proposed conversion that includes a summary of the proposed ownership of the units; the. approximate proposed sale price of units and financing arrangements to be provided by the applicant; a written statement demonstrating compliance with the objectives outlined in the Vail Lland Use Pplan, with specifcc reference to goal statements 3.1, 3.2 and 3.3; a draft set of condominium declarations demonstrating compliance with the provisions of this Title. These declarations will be reviewed again by the Ttown during the condominium platting process. C. Plans And Descriptions: Plans and descriptions showing how the following will be performed: ~ • 1. All site work shall be brought up to current Town standards unless a variance from those standards ~i~repefi^em is granted to the applicant by the Pplanning and 122 B • Eenvironmental Ceommission in accordance with the variance procedures of T#itle 12 of this code. The Planning and Eenvironmental Ceommission may, if it deems necessary, require additional parking facilities to meet requirements of owners and guests of the condominium units. 2. Corrections of violations cited in the condominium conversion report by the Bbuilding O~efficial. D. Maximum Sales Price: 1. Condominium Declarations: The provisions of this Ssubsection D shall be incorporated directly into the condominium declarations for any units converted pursuant to this Cehapter. The T,town shall review and administer these documents to ensure compliance with these provisions. 2. Listing; Deposit; Sale: In the event that an owner desires to sell the unit, the owner shall execute a standard listing contract on forms approved by the Colorado Real Eestate Ceommission with the Town providing for a one hundred eighty (180) day listing period, or such other time period as required by the Town of Yail a, f,~ordable housing guidelines in effect at the time of listing. At this time, the owner shall deposit with the Town an amount equal to one-half percent (1/2%) of the estimated value of the unit. The Town shall promptly advertise the unit for sale by competitive bid to qualified buyers. At the time of closing, the owner shalt pay to the Town an additional one and one-hadfpercent (1 1 /2%). 3. Restriction: In no event shall a unit be sold for an amount ("maximum sales price') in excess of the owner's purchase price, plus an increase of three percent (3%) of such price per year from the date of purchase to the date of owner's • notice of intent to sell (prorated at the rate of 0.25 percent for each whole month for any part of a year). Nothing herein shall be construed to constitute a representation or guarantee by the Town that on sale the owner shall obtain the maximum sales price. 4. Determining Maximum Sales Price: c. In order to qualify as permitted capital improvements, the owner must furnish to the T#own the following information with respect to the improvements which the owner seeks to include in the calculation of maximum sales price: (I) Original or duplicate receipts to verb the actual costs expended by the owner for the permitted capital improvements; (2) Owner's af,~idavit verifying that the receipts are valid and correct receipts tendered at the time of purchase; and (3) True and correct copies of any building permit or certificate of occupancy required to be issued by the Town Bbuilding Ddepartment with respect to the permitted capital improvements. d. For the purpose of determining the maximum sales price in accordance with this Section, the owner may also add to the amount specified in Ssubsections D3 and D4a of this Ssection, the cost of any permanent improvements constructed or installed as a result of any requirement imposed by any governmental agency, or homeowners' association, provided that written certification is provided to the Town of both the applicable requirement and the information required by Subsections D4c(1) through D4c(3) of this Ssection. S. Permitted Capitallmprovements: a. The term 'permitted capital improvements" as used in this Ssection shall only • include the following: 123 a • (1) Improvements or fixtures erected, installed or attached as permanent, functional, non-decorative ~ ~x~~•~•,., a improvements to real property, excluding repair, replacement and/or maintenance improvements; c. All permitted capital improvement items and costs shall be approved by the Town sta~`'prior to being added to the maximum resale price as def:ned herein. 6. Closing Costs, Other Consideration: Owner shall not permit any prospective buyer to assume any or ald of the owner's customary closing costs nor accept any other consideration which would cause an increase in the purchase price above the bid price so as to induce the owner to sell to such prospective buyer. 7. Procedure: In the event that one qual~ed bid is received equal to the maximum sales price herein established, the property shall be sold to such bidder at the maximum sales price; and in the event owner receives two (2) or more such bids equal to the maximum sales price, the qualified buyer shall be selected according to the priority for lade units set forth in the Town of Yail Eemployee Housing Gguidelines; and, in the event that all such qualified bidders are of equal priority pursuant to the guidelines, the qualified buyer shall be selected by lottery among the qualified buyers, whereupon the unit shall be sold to the winner of such lottery at the maximum sales price. If the lottery winner does not proceed to contract within five (S) business days after notification, the next in line will be notified and so on, until the unit is under contract for purchase. Backup contracts in the priority order set forth in the lottery will be accepted. Prospective purchasers must be prequalif ed by a lender prior to submitting a bid for a unit at the subject property/project. The seller may reject any and all bids, however, the owner is subject to the provisions in the Town of Yail employee • housing guidelines pertaining to the listing fee. Bids in excess of the maximum sales price shall be rejected. If all bids are below maximum sales price, owner may accept the highest qualified bid. If all bids are below maximum sales price and two (2) or more bids are for the same price, the qualified buyer shall be selected by lottery from among the highest qualified bidders. 8. Nonqualified Transferee: In the event that title to the unit vests by descent in individuals and/or entities who are not qualified buyers as that term is defined herein (hereinafter "nonqualified transferee(s)'), the unit shall immediately be listed for sale as provided in Subsection D3 of this Ssection (including the payment of the specified fee to the Town), and the highest bid Eby a qualified buyer, for nat less than ninety five percent (95%) of the maximum sales price or the appraised market value, whichever is less, shall be accepted; if all bids are below ninety five percent (9S%) of the maximum sales price or the appraised market value, the unit shall continue to be listed for sale until a bid in accordance with this Section is made, which bid must be accepted. The cost of the appraisal shall be paid by the nonqualified transferee(s). c. The Town, or their respective successors, as applicable, shall have the right and option to purchase the unit, exercisable within a period of fifteen (1 S) calendar days after receipt of any sales offer submitted to the Town by a nonqualified transferee(s), and in the event of exercising their right and option, shall purchase the unit from the nonqualified transferee(s) for a price of ninety five percent (9S%) of the maximum sales price, or the appraised market value, I!, whichever is less. The offer to purchase shall be made by the nonqualified transferee(s) within fifteen (1 S) days of acquisition of the unit. • E. Enforcement: 1. In the event that the Town has reasonable cause to believe the owner is violating the provisions of this Section, the Town, by its authorized 124 B • representative, may inspect the unit between the hours of eight o'clock (8:00) A.M. and five o'clock (S: 00) P.M., Monday through Friday, after providing the owner with no less than twenty four (24) hours' written notice. 2. The Town, in the event a violation of this Cehapter is discovered, shall send a notice of violation to the owner detailing the nature of the violation and allowing the owner fifteen (1 S) days to cure. Said notice shall state that the owner may request a hearing before the Vail Town Ceouncil within fifteen (1 S) days to determine the merits of the allegations. If no hearing is requested and the violation is not cured within the fifteen (1 S) day period, the owner shall be considered in violation of this Section. If a hearing is held before the Vail Town Ceouncil, the decision of the Town based on the record of such hearing shall be final for the purpose of determining if a violation has occurred. If the Town determines that there has been a violation of the occupancy standards, the owner of the restricted employee housing unit shall be found to be in noncompliance. Penalties the Town may assess against the owner include eliminating resale gain (see Subsection D3 of this Section), and/or penalties found in Section 1-4-1 of this Ceode. S. In the event that the owner fails to cure any breach, the Town may resort to any and all available legal action, including, but not limited to, specific performance of the requirements of this Section or a mandatory injunction requiring sale of the unit by owner. The costs of such sale shall be taxed against the proceeds of the sale with the balance being paid to the owner. 6. In the event of a breach of any of the terms or conditions contained herein by the owner, his or her heirs, successors or assigns, the Town's initial listed • purchase price of the unit as set forth in this Section shall, upon the date of such breach as determined by the T#own, automatically cease to increase as set forth in this Section, and shall remain fixed until the date of cure of said breach. Section 62. Section 13-7-7 is hereby amended as follows: 13-7-7: CONDOMINIUM CONVERSION OF LODGE OR ACCOMMODATION UNITS: A. No New Conversions Allowed; Exception: There shall not be permitted any conversion of a lodge or accommodation unit within the Town to a condominium, except as provided for the provision of employee housing units. Employee housing units created pursuant to this Cehapter are subject to the definitions, requirements and provisions of Title 12, Cehapters 13 and 16 of this Ceode, as amended. 13-7-8: RESTRICTIONS ON UNITS CONVERTED PRIOR TO FEBRUARY 7, 1995: A. Compliance: Any accommodation unit within the Town which has been converted to a condominium or has received approval for a conversion prior to the effective date of February 7, 1995, shall comply with the requirements of this Ssection. The requirements contained in this Ssection shall not apply to structures or buildings which contain two (2) units or less. • Section 63. Section 13-8-1 is hereby amended as follows: 13-8-1: APPROVAL AND SUBMITTAL REQUIREMENTS.• 125 B • B. Submittal Requirements: 2. Plat Submittal Requirements: The duplex subdivision plat shall contain the following: a. The final plat shall be drawn in India ink, or other substantial solution, on a reproducible medium (preferably mylar) with dimensions of twenty four inches by thirty six inches (24" x 36') and shall be at a scale of one hundred feet to one inch (100' to 1') or larger with margins of one and one-half to two inches (I%"to 2') on the left and one-half inch (l/2') on all other sides b. Accurate dimensions to the nearest one-hundredth (0.01) of a foot for all lines, angles and curves used to describe boundaries, streets, setbacks, alleys, easements, structures, areas to be reserved or dedicated for public or common uses and other important features. All curves shall be circular arcs and shall be defined by the radius, central angle, arc chord distances and bearings. All dimensions, both linear and angular, are to be determined by an accurate control survey in the field which must balance and close within a limit of one in ten thousand (10,000). (3)North arrow and graphic scale. (4)A systematic identification of all existing and proposed buildings, units, lots, blocks, and names for all streets. • (S)An identification of the streets, alleys, parks, and other public areas or facilities as shown on the plat, and a dedication thereof to the public use. An identification of the easements as shown on the plat and a grant thereof to the public use. Areas reserved for future public acquisition shall also be shown on the plat: (6)A written survey description of the area including the total acreage to the nearest appropriate significant figure. The acreage of each lot or parcel shall be shown in this manner, as weld (7)A description of all survey monuments, both found and set, which mark the boundaries of the subdivision, and a description of all monuments used in conducting the survey. Monument perimeter per Colorado Statutes. Two (2) perimeter monuments shall be established as major control monuments, the materials which shall be determined by the Town Engineer. (8)A statement by the land surveyor explaining how bearing base was determined (9)The proper plat title format for filing a plat in the Town, as outlined in Section 13-11-1 of this Title. (10)A certificate by the registered land surveyor as outlined in Chapter 11 of this Title as to the accuracy of the survey and plat, and that the survey was performed by him/her in accordance with Colorado Revised Statutes Title 38, Article Sl. • (11)A certificate by an attorney admitted to practice in the State, or corporate title insurer, that the owner(s) of record dedicating to the public the public 126 • rights of way, areas or facilities as shown thereon are the owners thereof in fee simple, free and clear of all liens and encumbrances except as noted (See example in Chapter 11 of this Title.) (l2)The proper form for filing of the plat with the Eagle County Clerk and Recorder as per example in Chapter 11 of this Title. (13)Certificate of dedication and ownership as per example in Chapter ll of this Title. Should the certificate of dedication and ownership provide for a dedication of land or improvement to the public, all beneficiaries of deeds of trust and mortgage holders on said real property will be required to sign the certificate of dedication and ownership in addition to the fee simple owner thereof. (14)A certificate by the Treasurer of Eagle County as outlined in Section 13- II-l0 of this Title that will certify that the entire amount. of taxes due and payable upon all parcels of real estate described on the plat are paid in full. (I S) Declarations; Covenants: A copy of the declarations and/or covenants attached to the subdivision to assure the maintenance of any common areas which are being created. C. Procedure: ~ r ~ ~ ~ ~ .here-~+~fah's p c t ~~~~e -~rt~'~ ~i ri±l~r~i4e-s~ti ~ s, ti.; ~ : ~ ~ ;~9r~ • ~9&3y' !~-Upon receiving two (2) copies of a complete submittal along with payment of the appropriate fee, the Administrator shall route one copy of the site map to the Town Engineer for his/her review The Administrator shalt then conduct his/her review concurrently. The Town Engineer shall review the submittal and return comments and notifications to the Administrator who shall transmit the approval, disapproval or approval with modif cations of the plat within fourteen (14) days to the applicant The Administrator shall sign the plat if approved or require modifications on the plat for approval or deny approval due to inconsistencies with the originally approved plan or failure to make other required modifications on the plat Section 64. Section 13-8-2 is hereby amended as follows: 13-8-2: CRITERIA AND NECESSARY FINDINGS ~,~~~~~r .i i; i'~t-,` i s•: ~t; t~ c_ ~:s: i~-eemp~?s x•i~k--~'iE 3~ nrr~g 8:"ta"~H4~t'O'ls' ~:."."i,?i~4'-I39~~ -~9iW4-ff14~~ t3 :4: o i21 b+-t~fccc. ~~.~~~t dE~ i.'tia ~ .f~7 A. The following criteria shall be used by the Administrator in evaluating the proposed subdivision. It shall be the burden of the applicant to demonstrate that submittal material and the proposed subdivision comply with each of the following standards, or demonstrate that one or more of them is not applicable, • or that a practical solution consistent with the public interest has been achieved: 127 • (1) Compliance with all requirements of Title 1Z, Zoning Regulations; and (Z) Conformity to Design Review Board approved plans; and (3) Accurateness and integrity of the survey data found on the play B. Necessary Findings: The Administrator shall find that the Duplex Subdivision complies with the criteria in Subsection 13-$-ZA of this Article and that the plat conforms with the requirements of l3-$-1B-2 of this Chapter. Section 65. Section 13-9-1 is hereby amended as follows: 13-9-1: Approval and Submittal Requirements: B. Submittal Requirements: Z. Plat Submittal Requirements: The subdivision plat shall contain the following: a. The final plat shall be drawn in India ink, or other substantial solution, on a reproducible medium (preferably mylar) with dimensions of twenty four inches by thirty six inches (24" x 36') and shall be at a scale of one hundred feet to one inch (100' to 1') or larger with margins of one and one-half to two inches (1%"to 2') on the left and one-half inch (l/Z') on all other sides. b. Accurate dimensions to the nearest one-hundredth (0.01) of a foot for all lines, angles and curves used to describe boundaries, streets, setbacks, alleys, easements, structures, areas to be reserved or dedicated for public or common • uses and other important features Al! curves shall be circular arcs and shall be defined by the radius, central angle, arc chord distances and bearings. All dimensions, both linear and angular, are to be determined by an accurate control survey in the field which must balance and close within a limit of one in ten thousand (10,000). (3)North arrow and graphic scale. (4)A systematic identification of all existing and proposed buildings, units, lots, blocks, and names for all streets. (S}An identification of the streets, alleys, parks, and other public areas or facilities as shown on the plat, and a dedication thereof to the public use. An identification of the easements as shown on the plat and a grant thereof to the public use. Areas reserved for future public acquisition shall also be shown on the plax (6)A written survey description of the area including the total acreage to the nearest appropriate significant figure. The acreage of each lot or parcel shall be shown in this manner, as weli (7)A description of all survey monuments, both found and set, which mark the boundaries of the subdivision, and a description of all monuments used in conducting the survey. Monument perimeter per Colorado Statutes. Two (Z) perimeter monuments shall be established as major control monuments, the • materials which shall be determined by the Town Engineer. 128 • (8)A statement by the land surveyor explaining how bearing base was determined (9)The proper plat title format for filing a plat in the Town, as outlined in Section 13-11-1 of this Title. (10)A certificate by the registered land surveyor as outlined in Chapter 11 of this Title as to the accuracy of the survey and plat, and that the survey was performed by himJher in accordance with Colorado Revised Statutes Title 38, Article Sl. (ll)A certificate by an attorney admitted to practice in the State, or corporate title insurer, that the owner(s) of record dedicating to the public the public rights of way, areas or facilities as shown thereon are the owners thereof in fee simple, free and clear of all liens and encumbrances except as noted (See example in Chapter Il of this Title.) (l2)The proper form for filing of the plat with the Eagle County Clerk and Recorder as per example in Chapter 11 of this Title. (13)Certificate of dedication and ownership as per example in Chapter 11 of this Title. Should the certificate of dedication and ownership provide for a dedication of land or improvement to the public, all beneficiaries of deeds of trust and mortgage holders on said real property will be required to sign the certificate of dedication and ownership in addition to the fee simple owner • thereof. (14)A certificate by the Treasurer of Eagle County as outlined in Section 13- 11-10 of this Title that will certify that the entire amount of taxes due and payable upon all parcels of real estate described on the plat are paid in full. Declarations And Covenants: A copy of declarations and/or covenants relating to the subdivision which shall assure the maintenance of any common areas which may be created. The covenants shall run with the land and shall be in a form suitable for recordation with the Eagle County Clerk and Recorder. C. Procedure: _ „t,,..,,,«:,.,. t a ~ t~ fif `-cnrs~ieif, %1i.`~4~-tti'i= Q~f+~i~~ltiP2~!^E~1~ ~-~4 ~~„gyp, ,,u ~ .Upon receiving two (Z) copies of a complete submittal along with payment of the appropriate fee, the Administrator shall route one copy of the site map to the Town Engineer for his/her review The Administrator shall then conduct his/her review concurrently. The Town Engineer shall review the submittal and return comments and notifications to the Administrator who shall transmit the approval, disapproval or approval with modifications of the plat within fourteen (14) days to the applicant The Administrator shall sign the plat if approved or require modifications on the plat for approval or deny approval due to inconsistencies with the originally approved plan or failure to make other required modifications on the plat • Section 66. Section 13-9-3 is hereby amended as follows: 13-9-3: CRITERIA AND NECESSARY FINDINGS 129 • ~~14-9~H1"8Bf ,F~41i~ :~F:9't lll~ 4l tS .},~4~#i~18~ 5~;9.1~9i4 ~'9P14j6'~fiEg-ib~-t~i E ~B„~: ~ Cb ~t t~ ~-i c 5'il`~ 9~4-E1'~ o s'i ~x 3f t.~E-~9i4'/4-L4'146~-tf3l E 3.' ~ c eE, : f A. The following criteria shall be used by the Administrator in evaluating the proposed subdivision. It shall be the burden of the applicant to demonstrate that submittal material and the proposed subdivision comply with each of the following standards, or demonstrate that one or more of them is not applicable, or that a practical solutcon consistent with the public interest has been achieved: (1) Compliance with all requirements of Title 12, Zoning Regulations; and (2) Conformity to approved plans; and (3) Accurateness and integrity of the survey data found on the play B. Necessary Findings: The Administrator shall find that the Duplex Subdivision complies with the criteria in Subsection 13-8-2A of this Article and that the plat conforms with the requirements of 13-8-1B-2 of this Chapter. Section 67. Section 13-10-10 is hereby amended as follows: 13-10-10: CONSTRUCTIONMATERIALS: B. Concrete.• 7. Strength Required.• All concrete shall have a specified compressive strength of • four thousand (4, 000) psi and shall be determined by ACI standard 318-71, Ssections 4.3.3 and 4.3.4. In non frost ~'L„' f areas, lower fc' values may be used in conformity with local practice and performance. For design charts using lower fc' values, contact ACPA. 9. Slump: The mixture shall contain no more water than is necessary to produce concrete which is workable and plastic. The minimum slump necessary to place the concrete satisfactorily shall be used. Slumps should be maintained so as not to exceed four and one-half inches (4 1/2') for non-vibrated nbrbrted placement and three inches (3') for vibrated placement. Section 68. Section 13-10-11 is hereby amended as follows: 13-10-11: CONSTRUCTIONMETHODS: D. Adjusting Frames, Covers, And Yalve Boxes: 2. Adjusting Frames c. Manhole frames shall not be finally set until the pavement adjacent thereto has been completed. The manholes shall be left or lowered sufficiently below grade so as not 1o interfere with or form an obstruction to the preparation of the sub- base use, base, and pavement. The manhole openings shall be temporarily covered by suitable means and the work constructed thereover. Due care shall be exercised to prevent foreign material from entering the manholes. After the pavement has been constructed, the necessary portions of the sub-base :parse, base, and pavement shall be neatly cut away, the manholes built up, and the cover frames set to grade, following which any surrounding area from which the • pavement base or sub-base use has been so removed shall be bac~lled with concrete. 130 r • Section 69. Section 13-10-12 is hereby amended as follows: 13-10-12: BIKE PATHS: A. General: This item shall consist of the construction of bituminous or concrete bike paths in accordance with these specifications and the dimensions ~~~~~~>?y~~~~ shown on the plans. C. Construction Methods; Concrete Bike Paths: 1. Excavation: Excavation shall be made to the required depth and to a width that will permit the installation and bracing of the forms. The foundation shall be shaped and compacted to a firm, even surface conforming to the section shown in Figure 3.617. When the Engineer determines that material is unsuitable ~r~~?~~j~eta~e, the material shall be removed and replaced in accordance with Ssubsection 3-10-11E of this Chapter. Section 70. Chapter 13-11 is hereby amended as follows: 13-11-2: CERTIFICATE OF DEDICATION AND OWNERSHIP: CERTIFICATION OFDEDICATIONAND OWNERSHIP KNOW ALL MEN BY THESE PRESENTS that being sole owner(s) in fee simple of all that real property situated at (insert property location) in the Town of Vail, Eagle County, Colorado, described as (allows: containing (insert number here) acres more or less: have b these resents laid out, Tatted and subdivided the • Y P P same into insert number here) lots and (insert number here) blocks as shown on this final plat under the name and style of a subdivision in the Tawn of Vail, Eagle County, Colorado; and does hereby accept the responsibility for the completion of required improvements; and does hereby dedicate and set apart ald of the public roads and other public improvements and places as shown on the accompanying plat to the use of the public forever; and does hereby dedicate those portions of said real property which are indicated as easement on the accompanying plat as easements for the purpose shown hereon; and does hereby grant the right to install and maintain necessary structures to the entity responsible for providing the services for which the easements are established. Executed this day of (insert date here), A.D. X920 Owner: (If corporation) Corporation name Address by (signature) (type individual's name) Title {If individual) • (signature) 131 B • (type name) Address State of (Insert State name) County of}s~(Insert county name) The foregoing Certificate of Dedication and Ownership was acknowledged before me this day of (insert date here), A.D. X320,_ by insert name here). My commission expires: Witness my hand and seal. Notary Public Address: 13-11-3: CERTIFICATE OF DEDICATION FOR MORTGAGE HOLDER OR DEED OF TRUST HOLDER: CERTIFICATION OF DEDICATION FOR MORTGAGE HOLDER OR DEED OF TRUST HOLDER • KNOW ALL MEN BY THESE PRESENTS that being the holder of a mortgage or deed of trust on the real property situated at (insert property location) in the Town of Vail, Eagle County, Colorado, described as follows: containing (insert number here) acres, more or less; as •shown on this final plat under the name and style of a subdivision in the Town of Vail, Eagle County, Colorado; agrees to the dedication and setting apart all of the public roads and other public improvements and places as shown on the accompanying plat to the use of the public forever; and does hereby agree to the dedication of these portions of said real property which are indicated as easement on the accompanying plat as easements for the purpose shown hereon; and does hereby agree to the granting of the right to install and maintain necessary structures to the entity responsible for providing the services for which the easements are established. Executed this day of (insert date here), A.D. X920 Owner: (If corporation) Corporation name Address by (signature) (type individual's name) Title • (If individual) (signature) 132 fi • (type name) Address State of (Insert State name) County of~ss-(Insert county name) The foregoing Certificate of Dedication and Ownership was acknowledged before me this day of (insert date here), A.D. X920 by insert name here). My commission expires: Witness my hand and seal. Notary Public Address: 13-I1-4: SURVEYOR'S CERTIFICATE: SURVEYOR'S CERTIFICATE (For all plats except condominium maps) • I do hereby cert~ that I am a registered Land Surveyor licensed under the laws of the State of Colorado, that this plat is true, correct and complete as laid out, platted, dedicated and shown hereon, that such plat was made from an accurate survey of said property by me and under my supervision and correctly shows the location and dimensions of the lots, easements and streets of said subdivision as the same are staked upon the ground in compliance with applicable regulations governing the subdivision of land. In witness thereof I have set my hand and seal this day of insert date here), A.D., X920 (NAME) COLORADO LAND SURVEYOR NO. (For condominium maps) I do hereby cert~ that I am a registered Land Surveyor licensed under the laws of the State of Colorado, that this condominium map is true, correct and complete as laid out, platted, dedicated and shown hereon, that such condominium map was made from an accurate survey of said property by me and under my supervision and correctly shows the horizontal and vertical location and dimensions of the condominiums, parcels, easements and streets of said condominium map as the same are staked upon the ground in compliance with applicable regulations governing the subdivision of land. 133 B • In witness thereofl have set my hand and seal this day of insert date here), A.D. ~920~COLORADO LAND SURVEYOR NO. (Name) 13-11-5: TITLE CERTIFICATE: TITLE CERTIFICATE (Name of title company) does hereby certify that the title to all lands shown upon this plat have been examined and is vested in and that title to such Bands is free and clear of all liens and encumbrances, except as follows: (Insert text here) Dated this day of (insert date here), A.D. ~920_..j Title Company or Attorney's Name Address By (Signature) (printed name and title of officer or attorney) 13-11-6.• CLERK AND RECORDER CERTIFICATE: CLERK AND RECORDER CERTIFICATE This plat was filed for record in the office of the Clerk and Recorder on this day of (insert date), A.D. ~920~ at insert number) o'clock (insert A.M or P.t1~. Recorded under Reception No. insert number) in Book (insert text) at Page • (insert number). Clerk and Recorder Eagle County, Colorado By Deputy 13-I1-7: TOWN COUNCIL CERTIFICATE: TOWN COUNCIL CERTIFICATE This plat approved by the Town Council of the Town of Vail, Colorado this day of (insert date here) A.D., ~920~ for filing with the Clerk and Recorder of Eagle County, Colorado and for the conveyance to the Town of Vail of the public dedications shown hereon; subject to the provision that approval in no way obligates the Town of Vail for maintenance of roads dedicated to the public until construction of improvements thereon shall have been completed in accordance with Town of Vail specifications, and the Tawn Council of the Town of Vail has by a subsequent resolution agreed to undertake maintenance of the same. This approval does not guarantee that soil conditions, subsurface geology, ground water conditions, or flooding conditions of any lot shown hereon are such that a building permit or any other required permit will be issued. This approval is with the understanding that all expenses involving all improvements required shall be • the responsibility of the subdivider and not the Town of Vail. 134 e ATTEST.• Town Clerk Mayor Town of Vail, Town Council Colorado Town of Vail, Colorado 13-I1-8: PLANNING AND ENVIRONMENTAL COMMISSION CERTIFICATE.• PLANNING AND ENVIRONMENTAL COMMISSION CERTIFICATE This final plat was approved by the Town of Vail Planning and Environmental Commission this day of insert date here) , A.D. X20 ATTEST.• Town Clerk Chairman Town of Town of Vail Planning and Yail, Environmental Commission Colorado 13-11-9.• ADMINISTRATOR CERTIFICATE: • ADMINISTRATOR CERTIFICATE This final plat is hereby approved by the Town of Yail Administrator this day of (insert date here), A.D. X920 ATTEST.• Town Clerk Administrator Town of Vail Town of Yail 13-11-10: CERTIFICATE OF TAXES PAID: CERTIFICATE OF TAXES PAID I, the undersigned, do hereby certify that the entire amount of taxes due and payable as of the _ day of , A.D. 20 upon all parcels of real estate described on this plat are paid in full. Dated this day of (insert date here), A.D., X920 Treasurer of Eagle County • Section 71. Section 13-11 shall be enacted as follows: 135 b • 13-11-I1: CERTIFICATE OF OWNERSHIP: CERTIFICATION OF OWNERSHIP SNOW ALL MEN BY THESE PRESENTS that being sole owner(s) in fee simple of alt that real property situated in the Town of Vail, Eagle County, Colorado, described as follows: containing (insert number) acres, more or less: have by these presents laid out, platted and subdivided the same into tots and blocks as shown on this final plat under the name and style of a subdivision in the Town of Vail, Eagle County, Colorado; and does hereby accept the responsibility for the completion of required improvements. Executed this day of insert date here), A.D. I920 Owner: (If corporation) Corporation name Address by (signature) (type individual's name) Title (If individual) (stgnature) (type name) Address State of (Insert State name) County of) ss (Insert county name} The foregoing Certificate of Ownership was acknowledged before me this day of (insert date here), A.D. 20 by (insert name here). My commission expires: Witness my hand and Beak Notary Public Address: Section 72. Section 13-12-1 is hereby amended as follows: 13-12-1: PURPOSE AND IN s 1uNT: 136 e • The purpose of this Cehapter is to establish criteria and an appropriate review process whereby the Planning and Eenvironmental Ceommission may grant ex~..~~ions from the definition of the term "subdivision" for properties that are determined to fall outside the purpose, purview and intent of Cehapters 3 and 4 of this Ttitle. This process is intended to allow for the platting of property where no additional parcels are created and conformance with applicable provisions of this Ceode has been demonstrated. Section 73. Section 13-12-2 is hereby amended as follows: 13-12-2: EXEMPTIONS IN PROCEDURE AND SUBMii !<ALS: "Exo.~.Ylion Plats", as defined in Seection 13-2-2 of this Title, shall be exempt from requirements related to preliminary plan procedures and submittals. Ex~.ur~ion plat applicants maybe required to submit an Eenvironmental Impact lt~eport if required by Title 12, Cehapter 12 of this Ceode. Section 74. Section 13-12-3 is hereby amended as follows: 13-12-3: PLAT PROCEDURE AND CRITERIA FOR REVIEW: The procedure for an ex~,~,~~,~ion plat review shall be as follows: A. Submission Of Proposal; Waiver Of Requirements: The applicant shall submit two (2) copies of the Y~~YOSaI following the requirements for a final plat in 5subsection 13-3-6B of this Title, with the provision that certain of these • requirements may be waived by the Asdministrator and/or the Planning and Eenvironmental Ceommission if determined not applicable to the project. B. Public Hearing: The Aadministrator will schedule a public hearing before the Pplanning and Eenvironmental Ceommission and follow notification requirements for adjacent property owners and public notice for the hearing as found in Ssubsection 13-3-6B1 of this Title. C. Review And Action On Plat: The Planning and Eenvironmental Ceommission shall review the plat and associated materials and shall approve, approve with modifications or disapprove the plat within twenty one (21} days of the first public hearing on the exo,~,y~ion plat application or the exemption plat application will be deemed approved. A longer time period for rendering a decision may be granted subject to mutual agreement between the Pplanning and Eenvironmental Ceommission and the applicant. The criteria for reviewing the plat shall be as contained in Secction 13-3-4 of this Title. D. Appeal: An appeal of the Planning and Eenvironmental Ceommission's decision by the Ttown Ceouncil, the applicant, or an aggrieved or adversely affected person" shall follow the procedures outlined in Ssubsection 13-3-SC of this Title. Section 75. Section 13-12-4 is hereby amended as follows: 13-12-4: FILING AND RECORDING: The Ddepartment of Ceommunity Ddevelopment will record the plat and any related documents with the Eagle County clerk and recorder; however, no plat . shall be recorded unless prior to the time of recording, the applicant provides the Town with a certification from the Eagle County treasurer's office indicating 137 e • that all ad valorem taxes applicable to such subdivided land, for years prior to that year in which approval is granted, have been paid. Fees for recording shall be paid by the applicant. The Ddepartment of Ceommunity Ddevelopment will retain one mylar copy of the plat for their records. An exo..~r~ion plat may not be recorded until applicable appeals periods have expired in accordance with the provisions of Ssubsection 13-3-SC of this Ttitle. Section 76. Section 13-13-3 is hereby amended as follows: 13-13-3: PLAT PROCEDURE AND CRITERIA FOR REVIEW: A. Plat Procedure: Upon receiving two (2) copies of a complete submittal along with payment of the appropriate fee, the Aadministrator shall route one copy of the proposed plat to the Town Eengineer for his/her review. The Asdministrator shall then conduct his/her review concurrently. The Town Eengineer shall review the submittal and return comments and notifications to the administrator who shall transmit the approval, disapproval or approval with modifications of the plat within fourteen (14) days to the applicant. The Administrator shall sign the plat if a~,~,~oved or require modifications on the plat for approval or deny approval due to inconsistencies with the originally approved plat or failure to make other required modifications on the plat. Plat format and content shall be as outlined under Seection 13-3-6 of this Ttitle. Correction plats must contain the following statement: The sole purpose of this plat is to correct an error (or amend a plat note or an • easement) filed with an approved plat. This plat correction does not alter the character, intent or development standards imposed under previous plat approvals. B. Criteria For Review: A plat correction or minor plat amendment may be approved upon the findings that: 1. The plat correction is in accordance with all applicable Town ordinances, standards, and the original conditions of plat approval; Section 77. Section 13-13-4 is hereby amended as follows: 13-13-4: FILING AND RECORDING: The Ddepartment of Ceommunity Ddevelopment will record the plat and any related covenants with the Eagle County clerk and recorder; however, no plat for subdivided land shall be recorded unless prior to the time of recording, the subdivider provides the town with a certification from the Eagle County treasurer's office indicating that all ad valorem taxes applicable to such subdivided land, for years prior to that year in which approval is granted, have been paid. Fees for recording shall be paid by the applicant. The department of community development will retain one mylar copy of the plat for their records. A correction plat may not be recorded until applicable appeals periods have expired in accordance with the provisions of Ssubsection 13-3-SC of this Title. • Section 78. Chapter 14-1 is hereby amended as follows: 14-1-1. PURPOSE AND INTENT: 138 e • It is the purpose of these rules, regulations, and standards to ensure the general health, safety, and welfaze of the community. These rules, regulations, and standards are intended to ensure safe and efficient development within the Ttown for pedestrians, vehicular traffic, emergency response traffic, and the community at lazge. The Ddevelopment Sstandazds will help protect property values, ensure the aesthetic quality of the community and ensure adequate development of property within the Town. 14-1-2: APPLICABILITY: Unless specifically ex~lllyled, the provisions of this Title shall supplement any and all existing laws and shall apply to all persons, without restriction, and to conditions arising after the adoption thereof, to conditions not legally in existence at the time of adoption of this Title, and to conditions which, in the opinion of the fire chief, the Bbuilding Qefficial, or the Town Eengineer, constitute a distinct hazard to life or property. The Ddevelopment Sstandazds shall apply to new development, as well as to modifications and additions to existing devel„rlllents, unless specifically exempted herein. 14-1-3: ADMINISTRATION: The Town Manager, or Town Manager's designee, is authorized to make and enforce the rules and regulations contained herein in order to carry out the intent of the Ddevelopment Sstandazds. These rules, regulations and standards shall be initially adopted by ordinance by the Vail Town Ceouncil and shall • exist as a supplement to this Ceode as a "handbook" of Ddevelopment Sstandards. Any amendments to the Ddevelopment Sstandazds shall require adoption by Town Ceouncil prior to their enforcement. A copy of the approved Ddevelopment Sstandazds shall be filed with the Town Celerk's office. Where no specific or applicable rules, regulations, or standards appeaz to be set forth in this Ceode, other rules, regulations, standards, guidelines, and recommended practices, as published by professional associations, technical organizations, model code groups, and similar entities, may be used by the Town for guidance. 14-1-4: NONCONFORMi t ~S: Nonconforming sites and site improvements lawfully established prior to the effective date of adoption of the development Sstandazds may continue, subject to the limitations prescribed by Title 12, Cehapter 18 of this Ceode. To encourage redevelopment, there shall be some flexibility granted to existing nonconforming sites and structures. However, wherever possible, compliance with the Development Sstandards shall be achieved. The paving of existing legal nonconforming, i.e., unpaved, driveways shall be allowed without strict compliance with the Development Sstandazds. However, a reasonable att;,lllrt shall be made to adhere as closely as possible to the Development Sstandazds when paving existing driveways. A structure, which is substantially demolished or reconstructed, as defined by "demo/rebuild" in the Zoning Regulationsee~e, shall be required to adhere to the Development Sstandards. 14-1-5: VARIANCES: Variances to the Ddevelopment Sstandazds may be allowed when practical difficulties and unnecessary physical hardships inconsistent with the purpose and 139 B • intent of the Ddevelopment Sstandards exist. Variances from the Ddevelopment Sstandards shall be in accordance with Title 12, Cehapter 17 of this Ceode. The issuance of a variance shall not compromise the safety of a site or structure. 14-1-6: Arr1rALS: Appeals from decisions made concerning the Ddevelopment Sstandards shall be in accordance with Title 12, Cehapter 3 of this Ceode. 14-1-?: ADOPTION: "Town of Vail Development Standards Handbook", was adopted by Ttown Ceouncil on September 21, 1999, as amended. Section 79. Chapter 14-2 is hereby amended as follows: 14-2: DEFINITIONS 100 year ,flood plain: The area adjoining a river, stream, or watercourse covered by water in the event of a flood, having a one percent chance of being equaled or exceeded in magnitude in any given year. Drainage: Surface water runoff or the removal of surface water or groundwater from land by drains, grading or other means, which include runoff controls to minimize erosion and sedimentation during and after construction or development • Fenestration: The design and placement of windows in a building. Guard rails: A rail placed on the edge of a roadway, on bridges, driveways, etc., as a safeguard against vehicular egress of said roadway. Heated drives: Driveways which have subterranean heat producing mechanisms to aid in melting snow and ice. Satellite dish antenna: A parabolic or dish-shaped antenna designed to receive radio waves. Topographic survey: A study conducted that produces a map of a lot or lots showing elevation from some fixed reference point Valet parking: A service provided with or without a fee where vehicle is dropped at a designated location and an employee drives said vehicle to a parking space. Wetlands: As determined by the Army Corps of Engineers or qualifted environmental consultant, an area that is inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation adapted for life in saturated soil condition • Section 80 Cha ter 14-6 is hereb amended as follows: p Y Sao e • Retaining Walls (General) All retaining walls are reviewed by the Design Review Board or the Administrator ,"~~~~'to determine compatibility to the existing topography and the materials in use. Retaining walls shall not exceed a height of six (6) feed Within a front setback, retaining walls shall not exceed a height of three (3) feet, unless related to access to a structure constructed on excessive slopes (in excess of thirty (30) percent). Retaining walls associated with a street located within a public right-of-way are exempt from these height limit Retaining walls shall be located a minimum of two (2) feet from adjacent property boundary and ten (10) feet from the edge of a public street All retaining walls over four (4) feet in height shall require a P.E. Stamp except in the right-of-way, where retaining walls over three (3) feet in height shall require a P.E. Stamp. ~k Rete~ereireg-W4elle eim'~errtl~eigltt ~ re~1~p ~/4~E~; 3~Jr55'94~?i~4Q~i9i1 " ''t19 ' rrn-_, • ~ I ~-Eg fl~A} esel~t Right f 8-.~ ~ i'~E':lEi: 9:`.~R$ ~ ~s L' X17-Pl~lm 2i'.'f ETA I 2'D~ y' ~ I +Tri I ~'t~11 ~ ~ t9~Sm I TCJ i 'rir ~~vna-- ccen~ I ~ St~~tei< sr 9R~ ~ ~e 9n-~lepe~ b: °E I I ~~~Res~i _ ~i r s $RB ~ des Boulder Retaining Walls Boulder retaining walls shall comply with ~rxts~-meet all the standards of retaining walls (general). The height listed for retaining walls is the exposed height of either a single or combined height of combination walls. If the batter (slope of the face of the wall) is greater than 1:1, a P.E. stamp is required. Combination Retaining Walls A retaining wall should be considered a eEombination walls ,see-.~eter~ if the upper wall falls within a prism defined as starting 1 'behind the face of the i lower wall at the lowest finished grade line and then back at a 1.5:1 angle from this starting point. The minimum bench of combination retaining walls shall be four (4) feed Al! combination retaining walls shall have a P.E. Stamp. Construction Fence All areas to be protected shall have anon-removable construction fence or other • approved device placed around the areas to be protected. Within the Vail Village and Lionshead core areas, as defined by the Vail Village Master Plan 141 B and Lionshead Redevelopment Master Plan, construction fence shall be sig (6) to eight (8) feet in height and constructed out of plywood (painted green) or chain link fence with green mesh windscreens. Decorative construction fences may be allowed a the discretion of the Design Review Board. Section 81. Article 14-lOC is hereby amended as follows: 14-IOC. Architectural Projections, Decks, Balconies, Steps, Bay Windows, etc.: 2. Porches, steps, decks or terraces or similar features located at ground level or within five feet (S) of ground level may project not more than ten feet (10) nor more than one-half (1/~ the minimum required dimension into a required setback area, or may project not more than five feet (S) nor more than one fourth the minimum required dimension into a required distance between buildings. Steps that form an exit discharge may project into a required setback area to the degree necessary to conform with the adopted building code's means of egress standards, at the discretion of the Administrator. Section 82. Article 14-10E is hereby amended as follows: 14-10. Design Review Standards and Guidelines. E. D~'~=i s~~mErr3+,'^; ~ sr,~ Residential Development: 1. The purpose of this Section is to ensure that ak~e3e 1 ~,r,'~eee~ residential development be designed in a manner that creates an architecturally integrated structure with unified site development. Dwelling units and garages shall be designed within a single structure, except as set forth in Subsection 2 below, with the use of unified architectural and landscape design. A single structure shall have common roofs and building walls that create enclosed space substantially above grade. Unified architectural and landscape design shall include, but not be limited to, the use of compatible building materials, architectural style, scale, roof forms, massing, architectural details, site grading and landscape materials and features. 3. eke-'tz-e ~r~r.' ~~-e..r.~f.,~~„~ka~3+ Residential development may be designed to accommodate the development of dwelling units and garages in more than one structure if the Design Review Board determines that significant site constraints exist on the lot. The use of unified architectural and landscape design as outlined herein shall be required for the development. In addition, the Design Review Board may require that one or more of the following common design elements such as fences, walls, patios, decks, retaining walls, walkways, landscape elements, or other architectural features be incorporated to create unified site development. • Section 83. Article 14-lOF is hereby amended as follows: ia2 e F. Outdoor Lighting: 9. Quantity: For lots in residential zone districts, the maximum number of light sources per lot shall be limited to one light source per one thousand square feet of lot area, except as provided for below. The location of said lights shall be left open to the discretion of the property owner, so long as the lights are in compliance with the Vail Town Code ~ltil ' ' 'sl~a~'-Eecle. Light sources which are no more than eighteen inches above grade, as measured from the top of the fixture to the finish grade below, and are either full-cutoff fixtures, as defined in Chapter 14-2 See~ie~ ' °~-^~-~-r, or have a maximum source lumens of 400 (equivalent to a 40 watt light bulb), may be allowed in addition to the total number of permitted outdoor light sources. The number, location, and style of such light sources are subject to Design Review. Section 84. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 85. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 86. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced II under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 87. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. 143 • INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 20`~ day of December, 2005 and a public hearing for second reading of this Ordinance set for the 3rd day of January, 2006, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. v~N of ~ c • Rodney E. Slifer, Mayor EAL . . S • Attest: . oho ..•oo Lorelei Donaldson, Town Clerk INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND • ORDERED PUBLISHED IN FULL this 3rd day of January, 2006. SEAL ~ Rodney E. Slifer, Mayors • Attest: ) ,Q ~elei Donaldson, Town Clerk iaa LLOE=~o~t0mo~~vo~L $o~xrimo'mE~n~ c'S~~ md+ > G > ~ r 11p~~m3v ~-aZ m 0'-'3 g HNO m~ CDCDW .~A~ O C.~~C Rfr O 333y ~ W ay GpgW, pW m$~V N xQ C¢-tH3 ~m ~}~}~QQjjUc~ m V1y ~~~~~D m O'3. ~~L ¢ ~ ~C y W W iiVV ~0 ~ ~ ~ ~~jF A. QC, Y C7N gj~~5 c •~Ep H. r mU c ii> o `°'(J ~rQ .Z 0. w ccw'~'$ccw-mss-- >^mpcocL ~ 2`$E gr m =aaaao'S_E W'-o>_; m~ d ¢m Wagg` o°'cty o ~v° ~ 2cmv iD~ ma(7=~» Z«~ S~ ~l'W m'c~~Eo NN `p m_m~a~~ ~c¢> m ~'om aCFO~ £~Eorn c :E U¢O `°¢tA~ ~5~=~3cc ~ac2E $U OC•~~ $oVW.y N3~Q~ ~t. ~ F ~,L q~ W _ _ L F-J rr?o~o~..~~~~C~C GG• W RC ('~1-O Cm90p~UCa ~~s~Ci~ EU QGn-per G N~ ~ Z~~!l~z EQ}=~ILLL{=~~~A OW~~N 6F-.t.mt5 C,7 u~>(n~ NON R r 9 1[ y t., O p ~ ~ U cad O p U ~ ~ ~ ~ C N ~ ~ O ..d N O. v~ C ~ cci ~ N O 3 ~ ai Lam., bA ~ N • ' ~ ~ U ~ ~ «S Sa.+r' ~ cC a ..ter C A S \ ~ U 7 U ar N N N o O N O~ O~ tr a.-. A A ~ G • y ~ ~ it ~ ~ ~ C y ~ p+.J L y CC ~ N 0 A b Y G • n p ~ N w N~ "O O ~ ~ ~ W p y ~ Q ~ m Q ~3 ~ca~ e~~ .o a a~ ~ ~ ~ Fd' Q W ~.~~o~~~A. ~ 3 ~ ~ ° o N A ~ k ~ ~s ~ w O ~_.-d ~x 3 v 3 Q • ~ ~ b C ~,~~A~ o ~ ~ w- ~ vs cv a ~ v ~Q~ ~ sc~H~ H ~ ~ o ~5 -ro 'For,Mt a • I acknowledge the accuracy of the publication of Ordinance No. 27, Series of 2005 in the 12.24.05 edition of the Vail Daily. iZ tt Mire, Town Attorney Judy Camp, Finance Director I acknowledge the accuracy of the publication of Ordinance No. 20, Series of 200 fhp I 12.24.05 edition of the Vail Daily. ' Saturday. L att re, Town Attorney s ~ ~ / ~ PUBLtC NOTE NOTICE IS HEREBY GIVEN HAT TOWN OF VALL ORDINANCE NO. 29, SE ES 2005. err ord• R s re ~Communi},/ Develo ment Director nonce agmending the Vail TownyCoda, Title 11, f `r p tegl3, aSubdrv~sloa ~Regufedone,~Titlea9a allenveiop• ~ ment Standards Handbook. Vail Tawn Code, for proposed corrections and clarilicatwns to the Vail Town Code, and setting fortn details in egerd thereto, was in[rpducetl, reed and approved on First reatling on December 20, 2005. NOTICE IS FURTHER GIVEN THAT the Town Council of the Town of Vail will hold a public heanng ~n accord• acknowledge the accuracy of the publication of Ordinance No. 28, Series of 20Q me 7o~wrrmot~valil Oo Jenuery 3.2lM6 afpb 00 PM m 12.24.05 edition of the Vail Daily, the Town of Veil Municipal Building. In cansidera- lion al: Ortlmance No. 28, Series or 2005, an odinance amending the Veil Town Code, Title 11. Sign Reg• uteoons; Title f2. Zonmg RagWalwns; tla 18 Subtlrvislob Regulations; TAIe 14, Development Slandartls Handbook, Vail Town Coda, for pro• posed mrrectione and clardicalions to the Vail Town Code, aM setbng torah details in regard thereto. The propoaetl text amendments era rtec- tt Mire, To Attorney ~ ~ 9asery In order b danly text coned spallino and remmatical ertors as well ae correp errors Pn co- dihWtion. Copies of this ordinance are ave~lede for public in• sped on duringg aaular oltice hours in the Town of Vei! Commonly Developmanl Department. 75 L South Frontage Roaq end also available at ~uss F r ummunity Development Director wwwvailgov.crom 1 Sign language interpretation available upon re- quaat with 24 hour notification. Please call 479- 2114 voice ar 479.2356 TDD for information. Publishetl in the Vail Deily December 24, 2005. I acknowledge a accuracy of the publication of Ordinance No. 29, Series of 2005 in the i 12.24 ed' ' n of the Vail Daily. t Ott Mire, Town Attorney \ ,r...~-`~ J Hance Director I acknowledge the accuracy of the publication of Ordinance No. 30, Series of 2005 in the 12.24.0 dition of the Vail Daily, M~Mire, Town Attorney v 'c'r0 {4 V ~ ~ m CO'A~NA° .Y~ ~ $$~G c>~ma7y DEG G D yyyyyyEE O IS-:Orr-~¢p"'7 T~t~ G Gm ~Oy GA d0 L~~ 9 ~O ui NDQM1 :3~ mO,C ~Gd mm.. 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